Is there an abuse of discretion standard of review for a defendant who killed his ex-girlfriend in order to prevent her from reporting him to the police?

California, United States of America


The following excerpt is from People v. Zumot, H037652 (Cal. App. 2013):

her from becoming a witness." Construing this as a claim that the facts did not support the trial court's finding regarding his intent, we find no abuse of discretion. (See gen., People v. Waidla (2000) 22 Cal.4th 690, 717 ["an appellate court applies the abuse of discretion standard of review to any ruling by a trial court on the admissibility of evidence"].) Defendant had already been convicted of harassing Schipsi and was on probation for that offense at the time of the murder. The night before her murder, Schipsi sent him numerous text messages threatening to go to the police regarding financial issues, including his unauthorized use of her credit card. On the day of her murder, Schipsi sent defendant a text message indicating that the police would "file charges" against him. In light of these facts, the trial court could reasonably find, by a preponderance of the evidence, that defendant killed Schipsi in order to prevent her from reporting him to the police or becoming a witness against him in a future legal proceeding.

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