People v. Childers CA3

I. DISCUSSION

A. Provocation 1. Jury Instructions The jury was instructed with CALCRIM No. 520 that murder requires malice, and that if the jury decided defendant committed murder, it was second degree murder unless the People proved beyond a reasonable doubt that the murder was first degree murder as set forth in CALCRIM No. 521. CALCRIM No. 521 instructed the jury that defendant was guilty of first degree murder if he acted “willfully, deliberately, and with premeditation.” The jury was instructed that “defendant acted deliberately if he carefully weighed the considerations for and against his choice and, knowing the consequences, decided to kill;” and that premeditation means a decision to kill before commission of the act that caused death.

2 Further, “[t]he amount of time required for deliberation and premeditation may vary from person to person and according to the circumstances. A decision to kill made rashly, impulsively, or without careful consideration is not deliberate and premediated.” The instruction concludes by again explaining that the People have the burden of proving beyond a reasonable doubt that the murder is first degree; otherwise, the murder is…