What is the test for determining the sufficiency of evidence of premeditation and deliberation?

California, United States of America


The following excerpt is from People v. White, C088326 (Cal. App. 2019):

In reviewing the sufficiency of the evidence of premeditation and deliberation, we assess "whether the evidence supports an inference that the killing occurred as the result of preexisting reflection, rather than an unconsidered or rash impulse." (People v. Pride (1992) 3 Cal.4th 195, 247.) We "review the entire record in the light most favorable to the judgment below to determine whether it discloses substantial evidencethat is, evidence which is reasonable, credible, and of solid valuefrom which a reasonable trier of fact could find that the defendant premeditated and deliberated beyond a reasonable doubt. [Citations.]" (People v. Perez (1992) 2 Cal.4th 1117, 1124.)

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