What is the test for finding a defendant guilty of attempted murder?

California, United States of America


The following excerpt is from People v. Blanco, B227650 (Cal. App. 2012):

reasonable, credible, and of solid value -- from which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt."' In conducting such a review, we '"presume[ ] in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence."' 'Conflicts and even testimony which is subject to justifiable suspicion do not justify the reversal of a judgment, for it is the exclusive province of the trial judge or jury to determine the credibility of a witness and the truth or falsity of the facts upon which a determination depends. We resolve neither credibility issues nor evidentiary conflicts; we look for substantial evidence.'" (Citations omitted.) (People v. Lee (2011) 51 Cal.4th 620, 632.)

Generally an intent to kill "must be inferred from the circumstances of the shooting." (People v. Ramos (2004) 121 Cal.App.4th 1194, 1207-1208.) "[A] person who intends to kill can be guilty of attempted murder even if the person has no specific target in mind." (People v. Stone (2009) 46 Cal.4th 131, 140.) However, "'guilt of attempted murder must be judged separately as to each alleged victim.'" (Id. at p. 141.)

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