The Ronald Regan State Building in downtown Los Angeles. Photo by John Schreiber.
The Ronald Regan State Building in downtown Los Angeles. Photo by John Schreiber.

A state appeals court panel on Thursday upheld a man’s conviction for murdering his girlfriend in a Pomona motel room in October 2010.

The three-justice panel from California’s 2nd District Court of Appeal rejected the defense’s contention there was insufficient evidence to support the jury’s finding of premeditation against Harvey Brooks, convicted of the first-degree murder of Marshell Landry in a room at the Deluxe Motel.

Brooks acknowledged killing the woman, but claimed that it was done in self-defense, the appellate court justices noted in a 12-page ruling.

“The evidence showed that Landry’s throat was slit and her stomach stabbed by someone standing behind her. All of these fatal wounds were alike in their depth and length. Based on this evidence the jury could reasonably conclude that Landry’s wounds were consistent with a premeditated murder and inconsistent with Brooks’ claim that he accidentally stabbed Landry while they were fighting over a knife,” the justices found.

Brooks is serving a 26-year-to-life sentence in state prison.

City News Service

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