The following excerpt is from Adams v. Jacquez, No. 2: 10-cv-2266 JAM KJN P (E.D. Cal. 2011):
The undersigned begins by setting forth the elements of petitioner's convictions. Attempted murder requires 1) the specific intent to kill; and 2) the commission of a direct but ineffectual act toward accomplishing the intended killing. People v. Smith, 37 Cal.4th 733, 739 (2005). Shooting from a motor vehicle requires a willful and malicious discharge of a firearm from a motor vehicle at a person other than the occupant. Cal. Penal Code 12034(c). Shooting at an occupied motor vehicle requires a willful and malicious discharge of a firearm at an
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occupied motor vehicle. Cal. Penal Code 965.
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