California, United States of America
The following excerpt is from People v. Wilson, C069485 (Cal. App. 2012):
Defendant contends there was insufficient evidence of deliberation and premeditation to sustain his conviction. He argues there was no evidence of planning or motive, and that the manner of the attempted killings shows the shooting was "an unreflecting explosion of violence," not "a preconceived design to kill." (See People v. Proctor (1992) 4 Cal.4th 499, 530.)
In reviewing the sufficiency of the evidence of premeditation and deliberation, we assess whether the evidence supports an inference that the killing occurred as the result of preexisting reflection, as opposed to an unconsidered or rash impulse. (People v. Pride (1992) 3 Cal.4th 195, 247 (Pride).) We do not substitute our judgment for that of the jury, but "review the entire record in the light most favorable to the judgment below to determine whether it discloses substantial evidence-that is, evidence which is reasonable, credible, and of solid value-from which a reasonable trier of fact could
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