P.

INTRODUCTION

A jury found defendant and appellant James Che Ming Lu (defendant) guilty of

the premeditated, deliberate and willful first degree murder of his wife and the

attempted murder of his stepson. Defendant contends on appeal that there was

insufficient evidence to support the premeditation finding; that the jury was

misinstructed on provocation; and that the trial court abused its discretion when it

dismissed a sitting juror. We reject these contentions, but we modify the judgment to

correct a sentencing error. We affirm the judgment as modified.

FACTUAL AND PROCEDURAL BACKGROUND

I. Factual background.

A. Prosecution Case

Defendant married Michelle Lu (Lu) in 2002. Defendant was much older, 85,

and Lu was in her 50‘s. Although defendant was retired, Lu had a housekeeping and

childcare job that required her to be at work six days a week. Lu therefore slept at their

home in Pasadena only Saturday nights, returning to work Sunday.1 She did the

cooking, cleaning, and shopping for the family, and, when she was home, defendant

―bossed‖ her around. Although defendant and Lu shared a bedroom, he often slept in

the basement until 1:00 or 2:00 a.m. in the…