What is the test for premeditation and deliberation for a jury to convict appellant of attempted murder?
California, United States of America
The following excerpt is from People v. Bobadilla, B240996 (Cal. App. 2013):
premeditation and deliberation. In addition, "[t]he utter lack of provocation by the victim is a strong factor supporting the conclusion that appellant's attack was deliberately and reflectively conceived in advance." (People v. Lunafelix, supra, 168 Cal.App.3d at p. 102.)
Substantial evidence supports the jury's conclusion that the attempted murder was committed with premeditation and deliberation.
The judgment is affirmed.
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