Attempted First Degree Murder Premeditation Requirement In California

The California Courts of Appeal have held: "'Like first degree murder, attempted first degree murder requires a finding of premeditation and deliberation. "The test on appeal is whether a rational trier of fact could have found premeditation and deliberation beyond a reasonable doubt based upon the evidence presented." The three categories of evidence for a reviewing court to consider with respect to premeditation and deliberation are: (1) prior planning activity; (2) motive; (3) the manner of killing. "The process of premeditation and deliberation does not require any extended period of time. 'The true test is not the duration of time as much as it is the extent of the reflection. Thoughts may follow each other with great rapidity and cold, calculated judgment may be arrived at quickly . . . "" (People v. Ibarra (2007) 151 Cal.App.4th 1145, 1152, quoting People v. Villegas (2001) 92 Cal.App.4th 1217; People v. Herrera (1999) 70 Cal.App.4th 1456, 1462, fn. 8.) In People v. Koontz (2002) 27 Cal.4th 1041, the California Supreme Court held: "A verdict of deliberate and premeditated first degree murder requires more than a showing of intent to kill. ( 189 'willful, deliberate and premeditated killing' as first degree murder.) 'Deliberation' refers to careful weighing of considerations in forming a course of action; 'premeditation' means thought over in advance. 'The process of premeditation and deliberation does not require any extended period of time. "The true test is not the duration of time as much as it is the extent of the reflection. Thoughts may follow each other with great rapidity, and cold, calculated judgment may be arrived at quickly. . . ."