What evidence does the Attorney General have to prove defendant planned the murder because he consciously reached for the knife in his pocket and struck the victim with the intent to kill?

California, United States of America


The following excerpt is from People v. Rojas, G050421 (Cal. App. 2015):

In essence, the Attorney General concludes defendant planned the murder because he consciously reached for the knife in his pocket and struck the victim with the intent to kill. We agree the evidence shows defendant made a conscious decision to use his knife, but this evidence shows an intent to kill only. A defendant acts with the specific intent to kill when he assaults his victim in a manner designed to achieve the additional consequence of the victim's death. (See People v. Atkins (2001) 25 Cal.4th 76, 82 [specific intent defined as the intent to do some further act or achieve some additional consequence].) The Attorney General's description of defendant's conscious decision to use his knife in a manner designed to bring about the victim's death constitutes substantial evidence defendant specifically intended to kill, but does not show he carefully weighed the consequences of his act. To conclude otherwise would be nothing more than conjecture. To prove a defendant premeditated and deliberated the consequences of his action, there must be "substantially more reflection than may be involved in the formation of a specific intent to kill." (People v. Thomas, supra, 25 Cal.2d at p. 900, italics added.)

Other Questions


Does the Attorney General have any authority to charge the jury on how to relate the evidence of that defense to the prosecution's general burden of proving guilt beyond a reasonable doubt? (California, United States of America)
Can a defendant plead guilty to premeditated murder in order to prove that another defendant committed murder rather than manslaughter? (California, United States of America)
Can a defendant be found guilty of attempted murder (or voluntary manslaughter) if his intent was either to kill or to kill everyone on the dance floor? (California, United States of America)
Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award? (California, United States of America)
Does a defendant have to prove that intent to kill was an element of the multiple-murder special circumstances? (California, United States of America)
What evidence exists that defendant had the intent, expressed by word and deed, to murder the victim? (California, United States of America)
Does the Attorney General have an obligation to give a defendant notice of victim impact evidence? (California, United States of America)
Does the Attorney General have the authority to convict a defendant of two or more attempted murders for a single act by which he intended to kill only one person? (California, United States of America)
How has the Attorney General responded to an opening brief from the Defendant on appeal for the conviction of assault with intent to murder? (California, United States of America)
What is the test for a jury to determine whether a defendant intentionally killed his victim in a "preconceived design" to take his victim's life? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.