P.

I. INTRODUCTION

Defendant and appellant Joel Leal Cardoso was convicted by a jury of attempted

murder, assault with a deadly weapon, unlawful possession of an assault weapon, and

possession of methamphetamine for sale. The jury also found true allegations that the

attempted murder was premeditated and deliberate and defendant personally used and

discharged a firearm. The trial court imposed an aggregate term of life in prison plus

years.

Following the People’s case-in-chief, defendant moved to dismiss the attempted

premeditated murder allegation pursuant to Penal Code section 1118.1.1 Defendant

argued there was insufficient evidence to show that he acted with premeditation and

deliberation. Finding sufficient evidence, the trial court denied the motion.

The evidence showed Robert Smith, among others, would exchange money for

drugs with defendant at defendant’s workplace. On the evening of November 17, 2009, a

drug deal got out of hand and defendant made serious threats toward Smith. Later, a

high-speed car chase ensued between defendant and Smith. When defendant’s vehicle

caught up to the car Smith was a passenger in, defendant fired two or three shots…