California, United States of America
The following excerpt is from People v. Haro, D065742 (Cal. App. 2015):
Haro also contends there is insufficient evidence to support his first degree murder conviction because there was insufficient evidence to support the jury's finding the victim's murder was deliberate and premeditated. " 'When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidence-that is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt.' [Citation.] '[T]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' " (People v. Lewis (2009) 46 Cal.4th 1255, 1289-1290, italics omitted.)
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First degree murder includes any willful, deliberate and premeditated killing. ( 189.) "In this context, ' "premeditated" means "considered beforehand," and "deliberate" means "formed or arrived at or determined upon as a result of careful thought and weighing of considerations for and against the proposed course of action." ' " (People v. Jennings (2010) 50 Cal.4th 616, 645.) " ' "An intentional killing is premeditated and deliberate if it occurred as the result of preexisting thought and reflection rather than unconsidered or rash impulse." [Citation.] A reviewing court normally considers three kinds of evidence to determine whether a finding of premeditation and deliberation is adequately supportedpreexisting motive, planning activity, and manner of killingbut "[t]hese factors need not be present in any particular combination to find substantial evidence of premeditation and deliberation." ' " (People v. Burney (2009) 47 Cal.4th 203, 235; accord, People v. Brady (2010) 50 Cal.4th 547, 561-562.)
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