What are the implications of a finding of premeditation and deliberation for the solicitation of a murder?

The trial court sentenced appellant to 31 years to life in prison, and on appeal Jarosik challenges the sufficiency of the evidence to support the premeditation and deliberation finding. He also argues jail officials violated his Sixth Amendment right to counsel under Massiah v. United States (1964) 377 U.S. 201 (Massiah) when they placed Jarosik, a cellmate, and a recording device in a jail transport van after the cellmate disclosed Jarosik had solicited his girlfriend's murder before Jarosik later attempted to kill her himself while out on bail. Jarosik also argues the trial court erred in failing to strike the cellmate's testimony and the recorded statements, and that he received constitutionally deficient representation because his attorney filed no motion at the outset of trial to exclude the testimony and recording, and did not seek to sever the solicitation charge. As we explain, we affirm the judgment because these contentions have no merit.

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