People v. Sanchez CA4/3

INTRODUCTION

On February 13, 2011, defendant Ivan Sanchez and his three acquaintances got into a heated argument at a restaurant with a larger group of individuals, about which was the best Mexican state. After Sanchez and his acquaintances were assaulted by members of the larger group as Sanchez’s group left the restaurant, they formed a plan to procure a gun and return to the restaurant to retaliate against their attackers. Sanchez returned to the restaurant with a gun, walked up to a restaurant patron who he mistakenly believed was one of the attackers, and fatally shot him in the head. A jury found Sanchez guilty of first degree murder and also found true that Sanchez caused his victim’s death by personally discharging a firearm. Sanchez solely argues on appeal that insufficient evidence supported the jury’s finding that he acted with premeditation and deliberation. We affirm. For the reasons we explain post, substantial evidence supported the jury’s finding that Sanchez acted with premeditation and deliberation.

FACTS

On February 13, 2011, Esteban Navarrete, his wife, Victoria Navarrete, his niece, and his niece’s boyfriend were eating dinner at a restaurant in Santa Ana…