Moore

In this case involving an attempted willful, deliberate and premeditated murder, we hold that the trial court did not err in refusing a request to instruct on the partial defense of mental disease, defect, or disorder (CALJIC No. 3.32), where defendant elicited no expert testimony that he suffered from a mental disease, defect, or disorder at the time of the offense.

We also hold that substantial evidence supports defendant’s conviction for attempted willful, deliberate and premeditated murder.

We also hold that the trial court did not err when it gave a certain jury instruction when the jury reported a deadlock.

A jury convicted defendant Charles McKinley Moore of attempted murder (Pen. Code, §§ 664, 187, subd. (a)), count one, and found the attempted murder to be willful, deliberate and premeditated (§§ 664, subd. (a), 187, 189.) The jury also convicted defendant of assault with a deadly weapon (§ 245, subd. (a)(1)), count two. The jury also found true that during the commission of both offenses defendant used a deadly weapon (§ 12022, subd. (b)(1)) and inflicted great bodily injury (§ 12022.7, subd. (a)). Defendant received a sentence of life with the possibility of…