California, United States of America
The following excerpt is from People v. Brooks, E066277 (Cal. App. 2018):
Additionally, the verdict shows the jury refused to find defendant acted "rashly, impulsively, or without careful consideration of the choice and its consequences." (See CALCRIM No. 601.) The jury specifically found that defendant intended to kill when he acted, carefully weighed his decision and, knowing the consequences, decided to kill before completing the act of attempted murder. (CALCRIM No. 601.) "'Error in failing to instruct the jury on a lesser included offense is harmless when the jury necessarily decides the factual questions posed by the omitted instructions adversely to [the] defendant under other properly given instructions.'" (People v. Peau (2015) 236 Cal.App.4th 823, 830 (Peau), quoting People v. Lewis (2001) 25 Cal.4th 610, 646.)
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