What is the state of the mental state for intentional attempted murder?
California, United States of America
The following excerpt is from People v. Pintor, G049653 (Cal. App. 2015):
The jury, with the option to find defendants acted rashly and without reflection, nevertheless found defendants intentionally, and after reflection, tried to kill the victims. And premeditation and deliberation is the antithesis mental state to voluntary manslaughter under provocation and heat of passion. (People v. Pearson (2013) 56 Cal.4th 393, 440; People v. Wharton (1991) 53 Cal.3d 522, 572 [The mental state for intentional attempted murder "is manifestly inconsistent with having acted under the heat of passion"].)
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