What is the test for a charge of attempted wilful, deliberate and premeditated murder?
California, United States of America
The following excerpt is from People v. Rivero, B267288 (Cal. App. 2016):
At the conclusion of the preliminary hearing, the magistrate discussed People v. Smith (2005) 37 Cal.4th 733, for the proposition that intent to kill is established if the defendant desires to kill or knows to a substantial certainty that that result will occur. The magistrate held appellant to answer for attempted willful, deliberate, and premeditated murder. The magistrate indicated there was sufficient evidence for an
Page 6
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a juvenile court convicted minor of attempted second degree murder, not just attempted murder, but also of premeditated attempted murder? (California, United States of America)
Can a defendant be convicted of attempted murder if the prosecution fails to allege deliberate, deliberate and premeditated murder? (California, United States of America)
What is the appropriate sentence for attempted, willful, deliberate, deliberate and premeditated murder? (California, United States of America)
Is there any case law where the abstract of judgment incorrectly recites that a defendant was sentenced to life without possibility of parole for the premeditated and deliberate attempted murder charged in count four? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
What is the range of sentences for a man convicted of three counts of deliberate, deliberate and premeditated attempted murder? (California, United States of America)
What is the test for a jury to convict a defendant of attempted wilful, deliberate, premeditated murder? (California, United States of America)
What is the minimum sentence for attempted wilful, deliberate and premeditated murder? (California, United States of America)
What is the test for a jury to consider whether to consider the lesser included charge of attempted voluntary manslaughter as a lesser included offense of attempted premeditated murder? (California, United States of America)
What is the test for deliberate, deliberate, and/or deliberation in the context of an attempted murder case? (California, United States of America)
