California, United States of America
The following excerpt is from People v. Flores, F071678 (Cal. App. 2018):
kill that person. (See CALCRIM No. 600; People v. Guerra (1985) 40 Cal.3d 377, 386 [specific intent to kill is required for attempted murder].) "A direct step indicates a definite and unambiguous intent to kill. It is a direct movement toward the commission of the crime after preparations are made. It is an immediate step that puts the plan in motion so that the plan would have been completed if some circumstance outside the plan had not interrupted the attempt." (CALCRIM No. 600.)
As for assault with a firearm, the jury was instructed on it pursuant to CALCRIM No. 875. The elements of assault with a firearm are: (1) [A person] did an act with a firearm that by its nature would directly and probably result in the application of force to another person; (2) [The person] did that act willfully; (3) When [the person] acted, he was aware of facts that would lead a reasonable person to realize that his act by its nature would directly and probably result in the application of force to someone; and (4) when [the person] acted, he had the present ability to apply force with a firearm to another person. (See CALCRIM No. 875; People v. Delacerda (2015) 236 Cal.App.4th 282, 291.)
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