What is the proper disposition on appeal from a judgment of the Superior Court of Appeal finding defendant guilty of second degree murder?

We conclude the People failed to prove the elements of premeditation and deliberation. "On appeal from a judgment of the superior court an appellate court is not limited to reversal or affirmance. It may modify the judgment by reducing the degree of the offense and the punishment imposed. (Pen. Code, 1260.) In this case the proper disposition is to modify the judgment to hold defendant guilty of second degree murder and to modify the punishment to the term provided by law for that offense." (People v. Rowland, supra, 134 Cal.App.3d at p. 10.)

Page 22