What is the test for a jury to find a defendant guilty of assault with intent to murder in a case of mistaken identity?

California, United States of America


The following excerpt is from In re Khalifa, G057175 (Cal. App. 2019):

In 2010, this court affirmed the judgment against petitioner on direct appeal. (People v. Khalifa (Apr. 7, 2010, G040331) [nonpub. opn.].) Based on petitioner's involvement in the burglary and his continued cooperation with Rivera and Pena after the attack on Love, we determined the jury could reasonably conclude he was a major participant in the underlying felonies and acted with reckless indifference to human life so as to support the true finding on the special circumstance allegations. (Id. at p. 10.)

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