Is there any evidence of premeditation and deliberation to support a finding of attempted murder?

California, United States of America


The following excerpt is from People v. Martinez, E060548 (Cal. App. 2015):

Defendant argues there was no evidence defendant planned the attack on the store clerk, Mendoza (count 1). He asserts there was no evidence defendant "was engaged in activity directed toward, and explicable as intended to result in" the attempted murder of Mendoza. (People v. Anderson, supra, 70 Cal.2d at pp. 26-27.) Defendant also argues there was no evidence of motive to kill, since defendant and Mendoza were complete strangers. In addition, the manner of the assault was not so particular and exacting to support a finding of premeditation and deliberation.

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