What is the substantial evidence standard of review required for an attempted murder?

California, United States of America


The following excerpt is from People v. Gomez, E063034 (Cal. App. 2016):

The substantial evidence standard of review is set forth ante, so we do not repeat it here. "'The mental state required for attempted murder has long differed from that required for murder itself. Murder does not require the intent to kill. Implied malicea conscious disregard for lifesuffices. [Citation.]' [Citation.] In contrast, '[a]ttempted murder requires the specific intent to kill and the commission of a direct but ineffectual act toward accomplishing the intended killing.'" (People v. Smith (2005) 37 Cal.4th 733, 739.)

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