California, United States of America
The following excerpt is from People v. Johnston, G058466 (Cal. App. 2020):
"'[T]here is a material difference between the preparation antecedent to an offense and the actual attempt to commit it. The preparation consists of devising or arranging the means or measures necessary for the commission of the offense, while the attempt is the direct movement toward its commission after the preparations are made. In other words, to constitute an attempt the acts of the defendant must go so far that they would result in the accomplishment of the crime unless frustrated by extraneous circumstances. [Citations.]' [Citations.] [] . . . [A]n attempt, as distinguished from acts preparatory to that offense, requires 'some appreciable fragment of the crime . . . accomplished.' [Citations.] However, '[a]n overt act need not be the ultimate step toward the consummation of the design; it is sufficient if it is the first or some subsequent act directed towards that end after the preparations are made.' [Citations.]"5 (People v. Memro (1985) 38 Cal.3d 658, 698 [overruled on other grounds in People v. Gaines (2009) 46 Cal.4th 172, 181, fn. 2].)
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