California, United States of America
The following excerpt is from People v. Lopez, No. G040350 (Cal. App. 4/20/2010), No. G040350. (Cal. App. 2010):
Noting "[a]ttempted premeditated murder is the functional equivalent of a greater offense than attempted unpremeditated murder" (People v. Hart, supra, 176 Cal.App.4th at p. 672), the appellate court found "the instruction[s] given to the jury . . . address[ing] attempted murder . . . without mentioning the premeditation and deliberation element of attempted premeditated murder" (id. at pp. 672-673) "did not fully inform the jury that, in order to find Rayford guilty of attempted premeditated murder as a natural and probable consequence of attempted robbery, it was necessary to find that attempted premeditated murder, not just attempted murder, was a natural and probable consequence of the attempted robbery" (id. at p. 673).
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