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People v. Myers12/17/1997
is perpetrated by means of discharging a firearm from a motor vehicle, . . . is murder of the first degree." This section is a degree setting device. It does not delineate the elements of first degree murder, which are contained in other statutes, as reflected in other instructions. (Pen. Code, §§ 187, 188.) Here, the jury was instructed as to the elements of murder as set forth in CALJIC Nos. 8.10 and 8.11. The jury was also instructed that murders which are premeditated and deliberate are murders in the first degree. CALJIC No. 8.25.1 and its companion instruction, CALJIC No. 8.20, further defined the terms premeditation and deliberation, they did not add elements to the crime.
The trial court did not err in imposing the Penal Code section 12022.55 enhancement on the first degree murder conviction in count one.
B. There was sufficient evidence to support the two attempted murder convictions.
[NOT CERTIFIED FOR PUBLICATION]
C. There was sufficient evidence to support the jury's finding on the Penal Code section 12022.55 enhancement.
[NOT CERTIFIED FOR PUBLICATION]
III.
Disposition
The judgment is affirmed.
ALDRICH, J.
We concur:
CROSKEY, Acting P.J.
ARANDA, J.*
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