California, United States of America
The following excerpt is from People v. Garton, 229 Cal.Rptr.3d 624, 4 Cal.5th 485, 412 P.3d 315 (Cal. 2018):
The act element of attempt is satisfied when "a direct but ineffectual act [has been] done toward [a crime's] commission." ( 21a.) "The overt act element of attempt requires conduct that goes beyond mere preparation and show[s] that [defendant] is putting his or her plan into action. [Citations.]" ( People v. Watkins (2012) 55 Cal.4th 999, 1021, 150 Cal.Rptr.3d 299, 290 P.3d 364 ( Watkins ).) We recently summarized the boundaries of an attempt as follows: "For example, if a person decides to commit murder but does nothing more, he has committed no crime. If he buys a gun and plans the shooting, but does no more, he will not be guilty of attempt. But if he goes beyond preparation and planning and does an act sufficiently close to completing the crime, like rushing up to his intended victim with
[412 P.3d 335]
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