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People v. Truong1/3/2005
upreme Court upheld a first degree murder conviction based on evidence that the victim was shot twice, in the head and neck, from close range, while crouching or kneeling, without signs of a struggle. (People v. Hawkins, at p. 956.) The court held that a reasonable trier of fact could have concluded from this evidence that the murder was committed with premeditation and deliberation. (Ibid.)
The manner-of-killing evidence in this case was sufficient to support an inference of premeditation and deliberation. Withdrawing from a non-deadly confrontation that he initiated with Mr. Ho, defendant pulled out a loaded gun, shot Ho in the abdomen, and then stood over the prone murder victim and fired at least two bullets into him from close range, one into the center of the victim's chest. This execution-style slaying supports the jury's verdict of first degree murder.
We also reject defendant's claim that the combined effect of the various errors he cites was to deny him a fair trial. For the reasons discussed, we find no cumulative error.
DISPOSITION
The judgment is affirmed.
We concur:
Stein, Acting P.J.
Swager, J.
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