Premeditation Based on Natural and Probable Consequences?

The following summary of a recent Fourth Appellate District Court case is significant insofar as it shows the trial court erred in allowing a conviction for attempted murder based on the natural and probable consequences doctrine. Most criminal defense attorney would argue that attempted murder is a specific intent crime, so it could not arise anyways under a natural and probable consequences theory of murder. Instead, the prosecution would have to prove specific intent to commit murder, which would have to be through implied malice in committing a dangerous felony, which did not take place in this case. Indeed, the appellate court found that the underlying crime was just disturbing the peace. To read this case, which literally shows how in Orange County disturbing the peace can be attempted murder (sadly), please click on the following link – https://

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