California, United States of America
The following excerpt is from People v. Shelman, D075365 (Cal. App. 2019):
Defendants contend the evidence in this case is insufficient to support their convictions of attempted premeditated murder. " 'The proper test for determining a claim of insufficiency of evidence in a criminal case is whether, on the entire record, a rational trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.] On appeal, we must view the evidence in the light most favorable to the People and must presume in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' " (People v. Perez (2010) 50 Cal.4th 222, 229.)
1. Attempted Murder
" '[A]ttempted murder requires the specific intent to kill and the commission of a direct but ineffectual act toward accomplishing the intended killing.' [Citations.] Hence, in order for defendant[s] to be convicted of . . . attempted murder . . . the prosecution had to prove [they] acted with specific intent to kill [the victim].' " (People v. Smith (2005) 37 Cal.4th 733, 739 (Smith).) " 'There is rarely direct evidence of a defendant's intent. Such intent must usually be derived from all the circumstances of the attempt, including the defendant's actions.' " (Id. at p. 741.) "[T]o be guilty of attempted murder as an aider and abettor, a person must give aid or encouragement with knowledge of the direct
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