What are the factors used to establish premeditation and deliberation in a murder trial?

California, United States of America


The following excerpt is from The People v. Gonzales, F056920, No. VCF183071 (Cal. App. 2010):

Citing People v. Anderson, appellant contends the circumstances of the murder here do not show substantial evidence of the three factors that could establish premeditation and deliberation. Appellant asserts that the only evidence of any possible planning consisted of a statement that "may or may not have referred to Steelman, when appellant reportedly stated one or two nights prior to the instant shooting that he was 'gonna get him.'" He also argues that the single shot does not support a premeditated murder.

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