What categories of evidence are sufficient to sustain a premeditated and deliberate murder?

California, United States of America


The following excerpt is from People v. Gerhartsreiter, B251546 (Cal. App. 2015):

" ' "Generally, there are three categories of evidence that are sufficient to sustain a premeditated and deliberate murder: evidence of planning, motive, and method. [Citations.] . . . But these categories of evidence, borrowed from [People v. Anderson, supra, 70 Cal.2d at pages 26-27] 'are descriptive, not normative.' [Citation.] They are

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simply an 'aid [for] reviewing courts in assessing whether the evidence is supportive of an inference that the killing was the result of preexisting reflection and weighing of considerations rather than mere unconsidered or rash impulse.' [Citation.]" [Citation.]' [Citation.] These three categories are merely a framework for appellate review; they need not be present in some special combination or afforded special weight, nor are they exhaustive. [Citation.]" (People v. Booker (2011) 51 Cal.4th 141, 173.)

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