What is the test for determining whether a murder that is premeditated and deliberated is murder of the first degree?
California, United States of America
The following excerpt is from People v. Rodriguez, B288701 (Cal. App. 2019):
4. "'Murder that is premeditated and deliberated is murder of the first degree.'" (People v. Pearson (2013) 56 Cal.4th 393, 443.) "We do not distinguish between attempted murder and completed first degree murder for purposes of determining whether there is sufficient evidence of premeditation and deliberation." (People v Herrera (1999) 70 Cal.App.4th 1456, 1462, fn. 8, disapproved of on other grounds in People v. Mesa (2012) 54 Cal.4th 191, 199.)
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