People v. Yzararraz CA4/1

INTRODUCTION

After milling around for some time at a gas station, Francisco Anthony Yzararraz walked up to a man who had just pulled up to a gas pump. They had only spoken for a few seconds when Yzararraz⎯without any apparent provocation⎯pulled out a loaded gun, aimed it directly at the man’s chest, and, without hesitation, shot him once at close range. Yzararraz immediately fled to an awaiting car with his two companions. The man died of a through and through gunshot wound to the chest, the bullet perforating his heart. His murder was captured on video by a surveillance camera. After viewing the video evidence, in addition to hearing testimony from witnesses at the gas station, a jury convicted Yzararraz of first degree

premeditated murder (Pen. Code,1 § 187, subd. (a)) and found true a firearm enhancement (§ 12022.53, subd. (d)). After Yzararraz admitted a prior strike conviction, the trial court sentenced him to a prison term of five years followed by an indeterminate sentence of 75 years to life. Yzararraz appeals, asserting there was insufficient evidence to support the jury’s finding that his murder of the man was deliberate and premeditated. We have reviewed the video…