What is the test for a jury to convict a defendant of attempted wilful, deliberate, premeditated murder?

California, United States of America


The following excerpt is from People v. Medina, B249059 (Cal. App. 2015):

Under the natural and probable consequences doctrine as applied to attempted willful, deliberate, premeditated murder, the jury must find the attempted murder was a natural and probable consequence of the target crime, here murder. (People v. Favor, supra, 54 Cal.4th at p. 872. ) The jury need not find that premeditation was a natural and probable consequence of the target offense. (Ibid.) In other words, "[u]nder the natural and probable consequences doctrine, there is no requirement that an aider and abettor reasonably foresee an attempted premeditated murder as the natural and probable consequence of the target offense. It is sufficient that attempted murder is a reasonably foreseeable consequence of the crime aided and abetted, and the attempted murder itself was committed willfully, deliberately and with premeditation." (Id. at p. 880.)

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