The Court of Appeal modified the judgment from first degree murder to second degree murder after concluding the circumstantial evidence regarding the manner of killing in this case did not furnish a reasonable foundation for an inference of premeditation and deliberation, and therefore did not overcome the presumption that the killing constitutes murder of the second, rather than the first, degree. Also, per SB 620, the court ordered the trial court to exercise its discretion in deciding whether to strike or dismiss a firearm enhancement (PC 12022.53.)