What is the test for a jury to convict an aider and abettor of attempted murder?

California, United States of America


The following excerpt is from People v. Gonzalez, B296206 (Cal. App. 2020):

" 'In reviewing the sufficiency of the evidence to support a judgment of conviction, we examine the entire record in the light most favorable to the prosecution, presuming in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence, to determine whether a rational trier of fact could have found the defendant guilty beyond a reasonable doubt.' " (People v. Coffman and Marlow (2004) 34 Cal.4th 1, 87.)

A conviction for attempted murder requires proof that the defendant intended to kill the victim and a direct but ineffectual act toward accomplishing that goal. (People v. Perez (2010) 50 Cal.4th 222, 229.) " ' "[G]uilt of attempted murder must be judged separately as to each alleged victim." ' [Citation.] '[T]his

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is true whether the alleged victim was particularly targeted or randomly chosen.' " (Id. at p. 230.) "Direct evidence of intent to kill is rare, and ordinarily the intent to kill must be inferred from the statements and actions of the defendant and the circumstances surrounding the crime." (Canizales, supra, 7 Cal.5th at p. 602.) The aider and abettor's guilt is based "on a combination of the direct perpetrator's acts and the aider and abettor's own acts and own mental state." (People v. McCoy (2001) 25 Cal.4th 1111, 1117, italics omitted.)

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