People v. Burton

Opinion

McKINSTER J.

— Defendant and appellant Leroy Burton III appeals his conviction on one count of first degree murder. In the unpublished portion of *131this opinion, we reject Burton’s contentions that the evidence was insufficient to show that he deliberated and premeditated the killing, that the court erred in its instruction on premeditation and deliberation, and that trial counsel provided constitutionally deficient representation. In the published portion of the opinion, we reject the contention, based on Morales-Garcia v. Holder (9th Cir. 2009) 567 F.3d 1058 (Morales-Garcia), that…