Jaramillo

Moisés O. Jaramillo appeals from his conviction of first degree murder. He claims his trial counsel rendered ineffective assistance by “opening the door” to evidence of premeditation. He challenges the constitutional validity of CALJIC No. 2.90, the standard jury instruction on reasonable doubt, in light of the United States Supreme Court’s grant of certiorari on that issue in People v. Sandoval (1992) 4 Cal.4th 155 [ 14 Cal.Rptr.2d 342 , 841 P.2d 862 ]. Finally, he seeks a remand for resentencing because the trial court failed to state reasons for its selection of the upper term for the gun use enhancement. In the published portion of this case, we follow existing California Supreme Court law approving the reasonable doubt instruction given in this case. In the unpublished portion of this case, we conclude that the record does not support appellant’s claim of ineffective assistance of counsel, but that the matter must be remanded for resentencing on the gun use enhancement because the trial court failed to state reasons for its sentencing choice of the upper term.

Factual and Procedural Summary

Discussion

I

Ineffective Assistance of Counsel

II

Reasonable Doubt…