California, United States of America
The following excerpt is from People v. Valle, F074256 (Cal. App. 2019):
Defendant asserts the circumstances were more consistent with "[a]nger that arises on the spot because of a confrontation" instead of planning and premeditation. However, "[t]he lack of provocation by the victim leads to an inference that an attack was the result of a deliberate plan rather than a 'rash explosion of violence.' [Citation.]" (People v. Miranda, supra, 44 Cal.3d at p. 87.) Moncada testified that after defendant asked him about his wife, he suddenly lunged at him and began the attack by hitting him in the head with the bottle. Defendant testified to a different version of events and claimed Moncada was aggressive toward him and pulled a knife, but the jury rejected defendant's alternate explanation.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.