Jun. 14, 2023 – People v. Ocegueda (4th Dist., Div. 3, G061077)

Where defendant was convicted of first-degree murder, the Court of Appeal holds that there was sufficient evidence of premeditation and that the jury was properly instructed on provocation and premeditation. The court finds that, taken together, the instructions (CALCRIM 521, 522, 570) did not result in confusion about the elements required for first-degree murder and voluntary manslaughter and whether an objective or subjective standard applied to defendant’s mental state.