California, United States of America
The following excerpt is from People v. Canales, B262949 (Cal. App. 2016):
Canales relies heavily on People v. Boatman, supra, 221 Cal.App.4th 1253, 1257, in which the appellate court concluded insufficient evidence supported premeditation and deliberation, and reduced a conviction of first degree murder to second-degree murder. The record in that case "lacked any planning evidence whatsoever." (Id. at p. 1267.) The defendant shot his girlfriend in the face, but there was no evidence that he "even moved from his squatting position on the floor" to get the gun, which he had taken away from her just before the shooting. (Ibid.) His "behavior following the shooting is of someone horrified and distraught about what he had done, not someone who had just fulfilled a preconceived plan" and "strongly suggests a lack of a plan to kill," including trying to resuscitate the victim, telling his brother to call the police, crying as heard in the
Page 13
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.