What is the test for determining there is sufficient evidence of premeditation and deliberation for a completed first degree murder?

California, United States of America


The following excerpt is from People v. VILLA, D056465, No. RIF133843 (Cal. App. 2011):

In general, "[w]e do not distinguish between attempted murder and completed first degree murder for purposes of determining there is sufficient evidence of premeditation and deliberation." (People v. Herrera (1999) 70 Cal.App.4th 1456, 1462, fn. 8.) " 'Review on appeal of the sufficiency of the evidence supporting the finding of premeditated and deliberate murder involves consideration of the evidence presented and all logical inferences from that evidence . . . . Settled principles of appellate review require us to review the entire record in the light most favorable to the judgment below to determine whether it discloses substantial evidence . . . from which a reasonable trier of fact could find that the defendant premeditated and deliberated beyond a reasonable doubt. [Citations.]' [Citation.]" (Id. at p. 1463.)

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