If a defendant harbored the intent to kill at the outset, and committed the same crime at the start of the crime, will the special circumstance apply?
California, United States of America
The following excerpt is from People v. Hardy, 233 Cal.Rptr.3d 378, 418 P.3d 309, 5 Cal.5th 56 (Cal. 2018):
formed the independent, if also concurrent, intent to commit the other crimes. "But even if a defendant harbored the intent to kill at the outset, a concurrent intent to commit an eligible felony will support the special circumstance allegation." ( People v. Davis , supra , 46 Cal.4th at p. 609, 94 Cal.Rptr.3d 322, 208 P.3d 78.)
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