What is the test for having the requisite intent to kill?

The question of whether defendant had the requisite intent to kill is a question for the fact finder. (People v. Lashley (1991) 1 Cal.App.4th 938, 946.) On appeal, instead of reweighing the evidence or redetermining the credibility of witnesses, we need only "determine the legal sufficiency of the found facts" and need not "second guess the

Page 23

reasoning or wisdom of the fact finder." (Ibid.) Based on our review of the record, we conclude substantial evidence supports the jury's finding that defendant's actions demonstrated an intent to kill. "The point is that where the act of purposefully firing a lethal weapon at another at close range gives rise to an inference of intent to kill, that inference is not dependent on a further showing of any particular motive to kill the victim." (People v. Smith (2005) 37 Cal.4th 733, 741.)