People v. Superior Court CA4/2
Opinion
Opinion
DISCUSSION
The standard in reviewing the evidence adduced at the preliminary hearing is
whether it is sufficient to support a strong suspicion of the guilt of the accused. (Curry v.
Superior Court (2013) 217 Cal.App.4th 580.) We do not substitute our view of the
evidence for that of the magistrate, but draw all inferences in favor of the holding order.
(See Stark v. Superior Court (2011) 52 Cal.4th 368.)
Attempted murder is a specific intent crime (People v. Lee (2003) 31 Cal.4th 613),
but it has been repeatedly held that firing a shot at the victim at close range in a manner
which could have inflicted a mortal wound had the shot been on target is evidence of
express malice and the intent to kill. (People v. Houston (2012) 54 Cal.4th 1186.) Here,
defendant fired at very close range and inflicted a serious wound on the victim. While
the precise point of entry is not shown by the record, it is a reasonable inference that a
few inches one way or another might have been the difference between a fatal and
2 survivable wound. It is also a reasonable inference that defendant’s failure to inflict a
fatal wound was the result of inexpertise.