What is the test for determining whether there is sufficient evidence of premeditation and deliberation for a conviction of completed first degree murder?
California, United States of America
The following excerpt is from People v. Kamack, B222456 (Cal. App. 2011):
"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. [Citations.]" (People v. Herrera (1999) 70 Cal.App.4th 1456, 1462-1463, fn. 8.) "Review on appeal of the sufficiency of the evidence supporting the finding of premeditated and deliberate [attempted] murder involves consideration of the evidence presented and all logical inferences from that evidence in light of the legal definition of
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premeditation and deliberation . . . . 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 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 (Perez).)
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