California, United States of America
The following excerpt is from The People v. Barajas, F057255, No. F08900688 (Cal. App. 2010):
"Attempted murder requires the intent to kill plus a direct but ineffectual act toward its commission. [Citation.]" (People v. Ramos (2004) 121 Cal.App.4th 1194, 1207.) To warrant a life sentence under section 664, subdivision (a), the jury additionally must find that the attempted murder was willful, deliberate, and premeditated. (People v. Seel (2004) 34 Cal.4th 535, 540-541.) The question whether a defendant harbored the requisite state of mind must generally be inferred from the circumstances of the shooting. (People v. Ramos, supra, 121 Cal.4th at pp. 1207-1208.)
"Willful" simply means "intentional." (See People v. Moon (2005) 37 Cal.4th 1, 29.) "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."' [Citation.]" (People v. Memro (1995) 11 Cal.4th 786, 862-863.) "Premeditated" means "'"considered beforehand."' [Citation.]" (Id. at p. 863.) Planning, motive, and manner
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