This case has been cited 3 times or more.
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2015-02-02 |
DEL CASTILLO, J. |
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| It must be noted as well that the evidence adduced by the prosecution is also sufficient to establish the presence of the aggravating circumstance of evident premeditation, which has the following elements: (1) the time when the offender determined to commit the crime; (2) an act manifestly indicating that the accused clung to his determination; and (3) a sufficient lapse of time between determination and execution to allow himself time to reflect upon the consequences of his act.[13] Vitan testified that the plan to kill Agon was conceived a day before the victim was fatally shot. Appellants and their cohorts therefore, had adequate time to reflect on the consequences of their contemplated crime prior to its execution. The period of time when appellants planned to kill Agon and the time when they implemented such plan afforded them the opportunity for meditation and reflection on the consequences of the murder they committed. | |||||
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2013-01-23 |
PEREZ, J. |
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| (1) the time when the offender [was] determined to commit the crime; (2) an act manifestly indicating that the accused clung to his determination; and (3) a sufficient lapse of time between determination and execution to allow himself time to reflect upon the consequences of his act.[26] | |||||
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2012-01-18 |
PEREZ, J. |
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| (1) the time when the offender determined to commit the crime; (2) an act manifestly indicating that the accused clung to his determination; and (3) a sufficient lapse of time between determination and execution to allow himself time to reflect upon the consequences of his act.[42] | |||||