What is the test for deliberate, premediated attempted murder of a peace officer?

California, United States of America


The following excerpt is from People v. Jenkins, F069275 (Cal. App. 2016):

Defendant next argues there was insufficient evidence to support the enhancement for deliberate, premediated attempted murder of a peace officer. More than a specific intent to kill is required to support a finding of deliberation and premeditation. (People v. Koontz (2002) 27 Cal.4th 1041, 1080.) "'Deliberation' refers to careful weighing of considerations in forming a course of action; 'premeditation' means thought over in advance. [Citations.]" (Ibid.) "'The process of premeditation and deliberation does not require any extended period of time. "The true test is not the duration of time as much as it is the extent of the reflection. Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly...." [Citations.]' [Citation.]" (Ibid.)

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