What is the test for determining whether a defendant's state of mind was established by the victim's injuries?

California, United States of America


The following excerpt is from People v. Gonzalez, F077427 (Cal. App. 2020):

" 'Intent is a state of mind. A defendant's state of mind must, in the absence of the defendant's own statements, be established by the circumstances surrounding the commission of the offense.' [Citations.]" (People v. Baker (2002) 98 Cal.App.4th 1217,

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1223.) Although undue weight should not be given to the severity of the victim's wounds because severe injuries may be consistent with a desire to kill, heat of passion, or an explosion of violence (People v. Mungia (2008) 44 Cal.4th 1101, 1137), the nature and extent of the injuries inflicted nevertheless may be considered in assessing intent (People v. Pre (2004) 117 Cal.App.4th 413, 424).

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