California, United States of America
The following excerpt is from People v. Medina, 244 Cal.Rptr.3d 714, 33 Cal.App.5th 146 (Cal. App. 2019):
People v. Zamudio (2008) 43 Cal.4th 327, 357, 75 Cal.Rptr.3d 289, 181 P.3d 105 ; accord, People v. Manibusan (2013) 58 Cal.4th 40, 87, 165 Cal.Rptr.3d 1, 314 P.3d 1.)
A conviction for attempted murder requires proof that the defendant intended to kill the victim and a direct but ineffectual act toward accomplishing that goal. ( People v. Perez (2010) 50 Cal.4th 222, 229, 112 Cal.Rptr.3d 310, 234 P.3d 557 ( Perez ).) Defendants contend there was no substantial evidence of intent to kill because there was insufficient evidence of where the gun was pointed when fired, there was no evidence regarding where the bullets landed or their trajectory vis vis the bystanders on the street, and no one was injured.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.