California, United States of America
The following excerpt is from People v. White, F076682 (Cal. App. 2020):
However, defendant's firing of the gun is relevant for a different reason. A defendant's conduct can speak to his mental state at a point in the recent past. For example, the fact that a defendant stole items from a victim after murdering her is circumstantial evidence that he formed intent to steal before or during the application of force to the victim. (People v. Abilez (2007) 41 Cal.4th 472, 506.) Here, defendant's firing of the gun during the robbery is relevant to his mental state before he fired the shots. Specifically, it is strong evidence that defendant was acting with conscious disregard for human life when he initially aided and abetted the robbery, even before Orlando was shot.
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