Does a defendant have to prove that the intended victims were not present at the time of an attempted burglary?

California, United States of America


The following excerpt is from People v. Lopez, 260 Cal.Rptr.3d 128, 46 Cal.App.5th 505 (Cal. App. 2020):

In a related argument, defendant says "it is unknown whether the intended victims were even home," and alleges "their presence was a condition precedent to an attempted robbery that otherwise would have been a mere burglary." He cites no authority for this proposition and fails to affirmatively demonstrate error. It is settled that "the commission of an attempt does not require proof of any particular element of the completed crime," and "a person may be convicted of an attempt to commit a crime he never could have completed under the circumstances." ( People v. Chandler (2014) 60 Cal.4th 508, 517, 176 Cal.Rptr.3d 548, 332 P.3d 538.)

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