Is there a crime of attempted second degree murder?
California, United States of America
The following excerpt is from People v. Besenty, B275222 (Cal. App. 2017):
Despite the court's statement and prosecutor's acquiescence, there is no crime of attempted second degree murder, because "[a]ttempted murder is not divided into different degrees." (People v. Favor (2012) 54 Cal.4th 868, 876.) The effect of a finding that an attempted murder was willful, deliberate, and premeditated is to increase the punishment from a determinate term of five, seven, or nine years, to an indeterminate term of life in prison. ( 664, subd. (a).)
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