People v. Abundio

Opinion

WILLHITE, J.

—In an unprovoked, premeditated attack, appellant Jose Abundio stabbed marijuana dealer Timothy Wong to death in order to rob him of marijuana appellant could not afford to buy. After appellant’s first jury deadlocked and a mistrial was declared, a second jury convicted him of first degree murder. The jury also found tme the special circumstance allegation that he committed the murder in the commission or attempted commission of a robbery, and the allegation that he used a knife. (Pen. Code, §§ 187, 189, 190.2, subd. (a)(17), 12022, subd. (b)(1).) The trial court sentenced…