Is there any evidence that defendant considered the possibility of murder in advance before deciding to shoot to kill when the car and pickup truck were side-by-side?
California, United States of America
The following excerpt is from People v. Guardado, B284144 (Cal. App. 2019):
shoot when the Camry and pickup truck were side-by-side. Instead, by his own testimony, he took the gun with him on a routine errand, retrieved the gun from the center console after seeing gang rivals, deactivated the safety, and slowed down prior to firing. It is reasonable to infer from this evidence that defendant "'considered the possibility of murder in advance'" and decided to shoot to kill. (People v. Young (2005) 34 Cal.4th 1149, 1183.)
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