Is there substantial evidence that a defendant harbored the requisite intent under section 647, subdivision (h) of the California Criminal Code?
California, United States of America
The following excerpt is from The People v. Reams, F055639, No. BF114556A (Cal. App. 2010):
Reams claims there is no substantial evidence that he harbored the requisite intent specified in section 647, subdivision (h). There is rarely direct evidence of a defendant's intent. Such intent usually must be derived from all the circumstances of the attempt, including the defendant's actions. (People v. Lashley (1991) 1 Cal.App.4th 938, 946.)
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