What is the test for establishing motive and intent in a murder case?

California, United States of America


The following excerpt is from People v. Rocha, B270706 (Cal. App. 2017):

Motive, although not itself an ultimate fact, is relevant to both intent and lack of justification for the crime. (People v. Demetrulias (2006) 39 Cal.4th 1, 14.) To establish motive, the prior acts evidence need not be similar to the charged crime, so long as there is a direct logical nexus between the prior acts and the crime. (Id. at p. 15.) Prior gang-related acts are relevant to establish motive and intent, when the charged crime was committed under circumstances indicating it was gang related as well. (See People v. Zepeda (2001) 87 Cal.App.4th 1183, 1211 [confrontation between gang members wielding mace and baseball bats in which defendant brandished a handgun showed motive and intent in charged crime of murder].)

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