What is the test for overturning a conviction for first degree murder based on premeditation and deliberation?
California, United States of America
The following excerpt is from The People v. Dominguez, No. B217468, No. VA099604 (Cal. App. 2011):
In addition, appellant does not challenge the driveby shooting theory of murder. Even assuming the evidence were insufficient to support a conviction for first degree murder based on premeditation and deliberation, reversal of the murder conviction is not required where any valid ground for the verdict is apparent, unless there is an affirmative indication that the verdict rested on the inadequate ground. (People v. Guiton (1993)
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