California, United States of America
The following excerpt is from People v. Q.H. (In re Q.H.), A142771 (Cal. App. 2016):
Minor contends there is no substantial evidence to support the finding that he had the requisite specific intent to kill the female victim. "The mental state required for attempted murder has long differed from that required for murder itself. Murder does not require the intent to kill. Implied malicea conscious disregard for lifesuffices. [Citation.] But over a century ago, we made clear that implied malice cannot support a conviction of an attempt to commit murder. ' "To constitute murder, the guilty person need not intend to take life; but to constitute an attempt to murder, he must so intend." [Citation.] "The wrong-doer must specifically contemplate taking life; and though his act is such as, were it successful, would be murder, if in truth he does not mean to kill, he does not become guilty of an attempt to commit murder." ' " (People v. Bland (2002) 28 Cal.4th 313, 327-328.) The requisite intent to kill is not transferable. "To be guilty of attempted murder, the defendant must intend to kill the alleged victim, not someone else. The defendant's mental state must be examined as to each alleged attempted murder victim. Someone who intends to kill only one person and attempts unsuccessfully to do so, is guilty of the attempted murder of the intended victim, but not of others." (Id. at p. 328.) However, a person who shoots at a group of people, while primarily targeting only one of them, may be guilty of attempted murder of everyone in the group based on a theory of "concurrent intent." (Id. at p. 329.) The court in People v. Bland explained,
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