California, United States of America
The following excerpt is from People v. Colondres, C073793 (Cal. App. 2014):
"Deliberate" means " ' "formed or arrived at or determined upon as a result of careful thought and weighing of considerations for and against the proposed course of action." ' " (People v. Memro (1995) 11 Cal.4th 786, 862-863.) "Premeditated" means " ' "considered beforehand." ' " (Id. at p. 863.) "Premeditation and deliberation can occur in a brief interval. 'The test is not time, but reflection. "Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly." ' " (Ibid.) In determining whether the evidence supports an inference that the attempted murder occurred as a result of preexisting reflection, rather than unconsidered or rash impulse, appellate courts consider, among other things, evidence of the manner of killing, motive, and planning activity. (People v. Bolin (1998) 18 Cal.4th 297, 331-332.) And we consider the evidence in the light most favorable to the judgment. (Id. at p. 331.)
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