What is the test for determining whether a murder committed was premeditated and deliberate?

California, United States of America


The following excerpt is from People v. Francisco, 22 Cal.App.4th 1180, 27 Cal.Rptr.2d 695 (Cal. App. 1994):

It must be remembered that premeditation can occur in a short period of time. It is also to be emphasized that the test is whether any rational trier of fact, not the reviewing court, could have been persuaded by the evidence beyond a reasonable doubt. (People v. Perez (1992) 2 Cal.4th 1117, 1127, 9 Cal.Rptr.2d 577, 831 P.2d 1159.) The evidence presented in the instant case, while perhaps allowing for other possibilities, nevertheless supports a rational trier of fact's conclusion that the murder committed was premeditated and deliberate, thus constituting first degree murder.

3. Calculation of conduct credit.

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