The People v. Rivera CA4/3

INTRODUCTION

Defendant Luis Rosales Rivera was convicted of first degree murder, having struck his roommate three or four times in the head with a sledgehammer. Defendant first argues that there was insufficient evidence of premeditation and deliberation. The evidence of motive, planning, and the manner of killing, however, supports the jury‟s finding that defendant committed first degree murder. Defendant next argues the jury was incorrectly instructed regarding the ways in which it could consider evidence of defendant‟s voluntary intoxication, both at the time the crime was committed and during defendant‟s police interrogation. These arguments were forfeited because they were not raised in the trial court. We have nevertheless considered whether the failure to request additional or modified instructions constituted ineffective assistance of counsel, and we conclude that there was no violation of defendant‟s right to effective counsel. We therefore affirm the judgment. Finally, defendant argues that the trial court erred in imposing an administrative fee under Penal Code section 1203.1, subdivision (l). We agree, and direct the trial court to amend the restitution order to…