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

California, United States of America


The following excerpt is from The People v. Tran, No. 07WF2294, No. G042579 (Cal. App. 2010):

"Like first degree murder, attempted first degree murder requires a finding of premeditation and deliberation." (People v. Villegas (2001) 92 Cal.App.4th 1217,

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1223, fn. omitted.) "'"Deliberation" refers to [a] careful weighing of considerations in forming a course of action; "premeditation" means thought over in advance. [Citations.] "The process of premeditation and deliberation does not require any extended period of time. '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.' [Citations.]"' [Citation.]" (People v. Young(2005) 34 Cal.4th 1149, 1182.)

A reviewing court typically considers three kinds of evidence to determine whether a finding of premeditation and deliberation is adequately supported: "prior planning activity," "motive," and "the manner of killing." (People v. Villegas, supra, 92 Cal.App.4th at p. 1223.) "These factors need not be present in any particular combination to find substantial evidence of premeditation and deliberation. [Citation.] However, '[w]hen the record discloses evidence in all three categories, the verdict generally will be sustained.' [Citation.]" (People v. Stitely (2005) 35 Cal.4th 514, 543.)

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