Sufficient evidence to support the defendant’s conviction of first-degree premeditated murder; Whether the prosecution presented “any evidence of planning, deliberation, premeditation, or a preconceived design by defendant to kill the victim”; People v. Gayheart; Second look; People v. Gonzalez; People v. Saunders; People v. Johnson; People v. Anderson; People v. Water; Voluntariness of defendant’s waiver of his constitutional rights; Whether he knowingly, intelligently, and voluntarily waived his constitutional rights; People v. Tanner; People v. Cipriano; The Cipriano factors; Claim that defendant was deprived of food or sleep; People v. Fike
[Unpublished opinion.] The court held that the evidence submitted at trial would allow a reasonable jury to conclude that the defendant’s shooting of the victim (C) was deliberate and premeditated. Thus, there was sufficient evidence to support his conviction of first-degree premeditated murder. Also, he failed to prove that he did not knowingly, intelligently, and voluntarily waive his constitutional rights, and that his statements to the police were involuntary. Defendant argued that the prosecution did not present “any evidence of planning, deliberation, premeditation, or a preconceived design by defendant to kill the victim.” His sole argument was that the prosecution did not provide any evidence that he had sufficient time to take a second look. More specifically, he argued that “the interval of time between the initial thought of killing the victim and the ultimate action is unknown and so the prosecution failed in its burden of proof.” However, evidence, which included his “oral and written confession, as well as evidence of his actions, would allow a reasonable jury to infer defendant’s premeditation and deliberation.” Defendant admitted that his friend (S) offered him $1,000 in exchange for killing C. This offer stemmed from a dispute that S had with C. Although defendant was not personally involved in the dispute, he had met C in the past, and had contact with him prior to the day of the shooting. Defendant’s actions also demonstrated that killing C was deliberate and premeditated. Evidence showed that (1) defendant text messaged C one day before the shooting indicating that he needed help delivering a package; (2) defendant followed up with C to ask for a ride at nighttime; and (3) he entered C’s vehicle with a loaded gun, concealed in a backpack. Then according to the witness (E), defendant asked C “to pull over in an obscure, secluded location and then shot the victim.” E further testified that “there was no physical or verbal argument prior to the shooting, and that defendant shot the victim in the back of the head at a close range.” Further, defendant then forced E to help him hide C’s body, and completed this task after E had escaped. He also hid the murder weapon in nearby shrubs. Lastly, evidence was presented that defendant took the cell phones of C and E before fleeing the crime scene and changing his clothes. Affirmed.
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