What is the test for a challenge to a conviction for attempted murder?

California, United States of America


The following excerpt is from People v. Warner, 247 Cal.Rptr.3d 809, 35 Cal.App.5th 25 (Cal. App. 2019):

" When considering a challenge to the sufficiency of the evidence to support a conviction, we review the entire record in the light most favorable to the judgment to determine whether it contains substantial evidencethat is, evidence that is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citation.] We determine whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. [Citation.] In so doing, a reviewing court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. [Citation.] ... [I]t is well settled that intent to kill or express malice, the mental state required to convict a defendant of attempted murder, may ... be inferred from the defendant's acts and the circumstances of the crime. [Citation.]" ( People v. Avila (2009) 46 Cal.4th 680, 701, 94 Cal.Rptr.3d 699, 208 P.3d 634.)

[35 Cal.App.5th 37]

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