Perry Sims v. B.J. Bunnell, Warden State of California California Department of Corrections

79 F.3d 1154 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Perry SIMS, Petitioner-Appellant, v. B.J. BUNNELL, Warden; State of California; California Department of Corrections, Respondents-Appellees. No. 95-16311. United States Court of Appeals, Ninth Circuit. Submitted Feb. 15, 1996. * Decided March 13, 1996. Before: HUG, Chief Judge, SNEED and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Sims argues that the evidence was insufficient to show premeditation and deliberation. When reviewing Sims's claim of insufficient evidence to support a conviction for first degree murder, we do not determine whether the evidence established guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319 (1979); Payne v. Borg, 982 F.2d 335, 339 (9th Cir.1992). Rather, the question is "whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt."…