Can a defendant be convicted of attempted murder if the prosecution fails to allege deliberate, deliberate and premeditated murder?

California, United States of America


The following excerpt is from People v. Barron, C087135 (Cal. App. 2020):

the prosecution fails to allege the fact that an attempted murder was willful, deliberate, and premeditated, and the defendant otherwise has no notice of this potential charge. (Ibid.; see also People v. Houston (2012) 54 Cal.4th 1186, 1226, 1228 [upholding life term where pleading failed to allege deliberate and premeditated attempted murder, but defendant was put on notice of the charge because the trial court announced it on the first day of trial, subsequently told defendant that the charge would be included as a special finding on the verdict form, and later instructed the jury on the charge].)

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