Does advance planning of a crime preclude a finding that a defendant was insane at the time of the crime?

California, United States of America


The following excerpt is from The People v. Gomez, B218323, No. VA104973 (Cal. App. 2010):

Advance planning of a crime, including plans to conceal one's identity, do not preclude a finding that a defendant was insane at the time of the crime. A defendant who had a written 34-step plan, wore camouflage and dark glasses and was armed with three guns was insane at the time of his crimes. (People v. Torres (2005) 127 Cal.App.4th 1391, 1394-1397.) Similarly, a defendant who began planning his crime three months in advance, thought about it over breakfast on the day of the killing, considered various weapons, decided on an ax, got the ax and killed his sleeping wife was insane at the time of the killing. (People v. Stress (1988) 205 Cal.App.3d 1259, 1263.)

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