People v. Toscano CA4/2

INTRODUCTION

When his girlfriend of eight months tried to end their relationship, defendant and

appellant Miguel Hernandez Toscano stabbed her to death while her young daughter pled

with him to stop. A jury convicted Toscano of first degree murder (Pen. Code, § 187,

subd. (a) )1 and found true a deadly weapon use enhancement (§ 12022, subd. (b)(1)). On

appeal, Toscano argues that the record contains insufficient evidence that (1) he did not

kill the victim in the heat of passion, and (2) he premeditated and deliberated her killing.

We affirm.

FACTUAL BACKGROUND

A. Prosecution’s Evidence

Toscano and the victim, Jane Doe, met at the casino where they both worked and

had been dating for about eight months. At approximately 9:00 p.m. on March 1, 2022,

Toscano attacked Doe with a knife in the backyard of the apartment where she lived with

her mother, brother, and three young daughters.

Doe’s nine-year-old daughter, A., witnessed part of the attack and tried

unsuccessfully to stop Toscano. At trial, A. testified that she and her two younger sisters

were in the living room watching television while her mother was folding laundry in the

backyard. When A. went out to the…