What is the test for an allegation of attempted burglary?
California, United States of America
The following excerpt is from People v. J.J. (In re J.J.), A148759 (Cal. App. 2017):
Appellant argues that the prosecution failed to present sufficient evidence that he had the requisite intent for attempted burglary. "Attempted burglary requires two elements: (1) the specific intent to commit burglary and (2) a direct but ineffectual act toward its commission. [Citation.]" (People v. Mejia (2012) 211 Cal.App.4th 586, 605.)
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