People v. Sanchez CA4/3

Filed 5/9/14 P. v. Sanchez CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G047790

v. (Super. Ct. No. 11CF0465)

IVAN SANCHEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, William R. Froeberg, Judge. Affirmed. David McNeil Morse, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland, Deputy Attorney General, for Plaintiff and Respondent. * * *

INTRODUCTION On February 13, 2011, defendant Ivan Sanchez and his three acquaintances got into a heated argument at a restaurant with a larger group of individuals, about which was the best Mexican state. After Sanchez and his acquaintances were assaulted by members of the larger group as Sanchez’s group left the restaurant, they formed a plan to procure a gun and return to the restaurant to retaliate against their attackers. Sanchez returned to the restaurant with a gun, walked up to a restaurant patron who he mistakenly believed was one of the attackers, and fatally shot him in the head. A jury found Sanchez guilty of first degree murder and also found true that Sanchez caused his victim’s death by personally discharging a firearm. Sanchez solely argues on appeal that insufficient evidence supported the jury’s finding that he acted with premeditation and deliberation. We affirm. For the reasons we explain post, substantial evidence supported the jury’s finding that Sanchez acted with premeditation and deliberation.