Does the definition of premeditation under section 664(a) of the California Criminal Code apply to a murder that was committed intentionally, deliberately or deliberately?

California, United States of America


The following excerpt is from People v. Alcaraz, G057009 (Cal. App. 2020):

Appellants' focus on CALCRIM No. 601's definition of premeditation, without reading it with the concomitant definition of deliberation, overlooks the fact the crime is one of deliberate and premeditated attempt murder. The requisite mental state consists of both components, not one in isolation. (See Favor, supra, 54 Cal.4th at p. 877, quoting People v. Lee, supra, 31 Cal.4th at p. 616 ["the premeditation penalty provision of section 664(a) 'must be interpreted to require . . . the murder attempted was willful, deliberate, and premeditated . . . .'"].)

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