Is there insufficient evidence to sustain a conviction for attempted murder?

California, United States of America


The following excerpt is from People v. Huerra, F059689, Super. Ct. No. VCF224734 (Cal. App. 2011):

Huerra claims there was insufficient evidence that he intended to kill Huerta. To sustain a conviction for attempted murder, the prosecution was required to prove beyond a reasonable doubt that Huerra intended to kill Huerta, and that he committed a direct but ineffectual act toward accomplishing that goal. (People v. Stone (2009) 46 Cal.4th 131,

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136.) "The jury may infer a defendant's specific intent to commit a crime from all of the facts and circumstances shown by the evidence. (See People v. Bloom (1989) 48 Cal.3d 1194, 1208 ['Evidence of a defendant's state of mind is almost inevitably circumstantial, but circumstantial evidence is as sufficient as direct evidence to support a conviction.'].)" (People v. Lindberg (2008) 45 Cal.4th 1, 27.)

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