What is the standard for a finding of premeditation and deliberation in the context of an attempted first-degree murder case?

California, United States of America


The following excerpt is from People v. Rodriguez, H040074 (Cal. App. 2015):

"The law we apply in assessing a claim of sufficiency of the evidence is well established: ' " ' "[T]he court must review the whole record in the light most favorable to the judgment below to determine whether it discloses substantial evidencethat is, evidence which is reasonable, credible, and of solid valuesuch that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt." ' " ' [Citation.] The standard is the same under the state and federal due process clauses. [Citation.] 'We presume " 'in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' [Citation.] This standard applies whether direct or circumstantial evidence is involved." [Citations.]' [Citation.]" (People v. Gonzales and Soliz (2011) 52 Cal.4th 254, 294.)

"Like first degree murder, attempted first degree murder requires a finding of premeditation and deliberation." (People v. Villegas (2001) 92 Cal.App.4th 1217, 1223, fn. omitted.) " 'Deliberation' refers to careful weighing of considerations in forming a course of action; 'premeditation' means thought over in advance." (People v. Koontz (2002) 27 Cal.4th 1041, 1080.) "An intentional killing is premeditated and deliberate if it occurred as the result of preexisting thought and reflection rather than unconsidered or

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rash impulse. [Citations.] However, the requisite reflection need not span a specific or extended period of time." (People v. Stitely (2005) 35 Cal.4th 514, 543.)

" ' " 'Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly . . . .' " ' [Citation.]" (People v. Stitely, supra, 35 Cal.4th at p. 543.) "The test is not time, but reflection." (People v. Bloyd (1987) 43 Cal.3d 333, 348.)

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