California, United States of America
The following excerpt is from People v. Mateo, B258333 (Cal. App. 2019):
murder.' ([People v.] Bright [(1996)] 12 Cal.4th [652] at pp. 656-657 [ ].)"5 (Favor, supra, 54 Cal.4th at p. 877.) "Thus, 'premeditated attempted murder is not a separate offense from attempted murder.' [Citation.]" (Ibid.) The court reached this conclusion notwithstanding People v. Seel (2004) 34 Cal.4th 535, which disapproved of People v. Bright and held that the increased penalty provision for attempted premeditated murder in section 664, subdivision (a) "exposes a defendant to a greater punishment than that authorized by a jury's guilty verdict of attempted murder" and therefore is the "'"functional equivalent of an element of a greater offense than the one covered by the jury's guilty verdict"' for purposes of federal double jeopardy protection." (Favor, supra, 54 Cal.4th at p. 877, fn. 2, citing People v. Seel, supra, 34 Cal.4th at pp. 547-548 and Apprendi v. New Jersey (2000) 530 U.S. 466, 494, fn. 19.)
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