P.

P. v. Fernandez CA3

Good Law
Court of Appeal of CaliforniaMay 1, 2013C070130California735 words

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…

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