In what circumstances will a defendant be found guilty of an attempted murder?

California, United States of America


The following excerpt is from People v. Rodgers, G039439 (Cal. App. 12/19/2008), G039439 (Cal. App. 2008):

In People v. Morales (1992) 5 Cal.App.4th 917, the defendant was heard saying he was going "to get" the victim. The defendant came home and loaded a gun; he then got into his car. The police were called. The defendant was found in an alcove under an overhang of the victim's house. When the police grabbed the defendant, they found a gun inside his sleeve "in a position to slide down towards the defendant's hand when he dropped his arm." (Id. at pp. 921-922.) The defendant claimed there was insufficient evidence to support his conviction of attempted murder. The court found there was sufficient evidence: "[D]efendant not only threatened to get [the victim] twice, he went home, loaded his gun, drove to the victim's neighborhood, and finally hid in a position that would give him a clear shot at [the victim] if [the victim] left by the front door." (Id. at pp. 926-927.)

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