What is the test for a conviction for deliberate and deliberate murder?

California, United States of America


The following excerpt is from People v. Munoz, B265901 (Cal. App. 2017):

"In assessing the sufficiency of the evidence supporting a jury's finding of premeditated and deliberate murder, a reviewing court considers the entire record in the light most favorable to the judgment below to determine whether it contains substantial evidencethat is, evidence which is reasonable, credible, and of solid valuefrom which a rational trier of fact could find the defendant guilty beyond a reasonable doubt. [Citations.] When the circumstances reasonably justify the jury's findings, a reviewing court's opinion that the circumstances might also be reasonably reconciled with contrary findings does not warrant reversal of the judgment. [Citations.]" (People v. Mendoza (2011) 52 Cal.4th 1056, 1068-1069 (Mendoza).) Thus, we approach our task without reweighing the evidence or reevaluating the credibility of witnesses. (People v. Covarrubias (2016) 1 Cal.5th 838, 890.)

To support a conviction for deliberate and premeditated first degree murder, there must be sufficient evidence the defendant carefully weighed considerations in choosing a course of action and thought about his conduct in advance. (People v. Cage (2015) 62 Cal.4th 256, 276 (Cage).) "'"'The true test is not the duration of time as much as it is the extent of the reflection. Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly . . . .'"' [Citation.]" (Ibid.)

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