California, United States of America
The following excerpt is from People v. Perez, B284668 (Cal. App. 2019):
Perez relies on the principle that an especially brutal killing may be as consistent with an explosion of rage as with premeditation. (See People v. Alcala (1984) 36 Cal.3d 604, 626 ["The fact that a slaying was unusually brutal, or involved multiple wounds, cannot alone support a determination of premeditation. Absent other evidence, a brutal manner of killing is as consistent with a sudden, random 'explosion' of violence as with calculated murder"]; People v. Nazeri (2010) 187 Cal.App.4th 1101, 1118.) But the two gunshots in this case are not comparable to the type of injuries courts have characterized as
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brutal or frenzied. In Alcala, for example, the victim was " 'all cut up' " by multiple stab wounds and had been hit in the head with a blunt object; in Nazeri, each victim had been stabbed multiple times in the neck, torso, and other areas. (People v. Alcala, at p. 627; People v. Nazeri, at p. 1109.) The two precisely placed gunshots in the instant case were not of this ilk.
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