P.
P. v. Fernandez CA3
Opinion
Opinion
DISCUSSION
I. The Evidence of Intent to Kill Is Sufficient
“Attempted murder requires the specific intent to kill” (and a direct but ineffectual act toward that goal) in the form of express malice, which is a desire for the victim’s death or the knowledge “to a substantial certainty that the victim’s death will occur.” (People v. Booker (2011) 51 Cal.4th 141, 177-178.)
Ignoring the principle of conflicting inferences (People v. Lenix (2008) 44 Cal.4th 602, 625-626 [must adopt inferences that favor judgment]) and engaging in the pointless task of comparing the present case with others on the issue of sufficient evidence (People v. Rundle (2008) 43 Cal.4th 76, 137-138 [reviewing sufficiency of evidence “necessarily calls for analysis of the unique facts and inferences present in each case” and therefore “comparisons between cases are of little value”]), defendant asserts the circumstances of
3 the shooting “do not evidence an intent to kill.” He asserts the witnesses did not specifically attest to him aiming directly at the victim; he did not make any express indication of an intent to kill; and he did not further attack the victim in any manner (whom he easily could have killed…