California v. Ocegueda
Annotate this CaseDefendant-appellant Darrick Ocegueda was convicted by jury for first degree murder. He contended on appeal that the trial court misinstructed the jury on the theory of provocation as it related to the premeditation and deliberation elements of the offense and, relatedly, that his trial counsel was ineffective in failing to seek a clarifying pinpoint instruction. Ocegueda argued the combination of some of the standard instructions given (CALCRIM Nos. 521, 522 & 570) might have misled the jury to believe that provocation could negate the elements of first degree murder only if it satisfied an objective, “person of average disposition” standard. Additionally, Ocegueda claimed the evidence was insufficient to support the elements of premeditation and deliberation. Finding no reversible error, the Court of Appeal affirmed.
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