What is the test for a jury to convict a defendant of attempted murder?

California, United States of America


The following excerpt is from People v. Phung, G048108 (Cal. App. 2014):

3. The court instructed the jury with CALCRIM No. 600, which states in relevant part: "The defendant is charged in Count 2 with attempted murder. [] To prove that the defendant is guilty of attempted murder, the People must prove that: [] 1. The defendant took at least one direct but ineffective step toward killing another person; [] AND [] 2. The defendant intended to kill that person. . . ." We note that the attempted murder count did not include an allegation that the attempted murder was "willful, deliberate, and premeditated." ( 664, subd. (a).) Even if it had, section 664, subdivision (a), "properly interpreted, does not require personal willfulness, deliberation, and premeditation on the part of an attempted murderer." (People v. Lee (2003) 31 Cal.4th 613, 616-617.)

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