Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder?
California, United States of America
The following excerpt is from People v. Pedro B. (In re Pedro B.), B298954 (Cal. App. 2020):
Based upon the foregoing, it is evident that the juvenile court convicted minor of attempted second degree murder, not just attempted murder. (See People v. Favor, supra, 54 Cal.4th at p. 877 [the offense of premeditated attempted murder is not a separate offense from attempted murder].) And it is possible that the juvenile court did so on the erroneous assumption that minor could be convicted on a theory of implied malice. (People v. Collie (1981) 30 Cal.3d 43, 62 [conviction for attempted second degree murder reversed because the trial court erroneously instructed
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the jury that it need not find a specific intent to kill in order to convict], superseded by statute on other grounds as stated in People v. Champion (1995) 9 Cal.4th 879, 912-913.) After all, that is what the People argued prior to the juvenile court's disposition.
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