January 30th, 2014
Attempted Murder: Revision Of Attempted Murder Instruction Per People v. Stone (2009) 46 Cal. 4th 131
The committee revised CC 600, Attempted Murder, in accordance with People v. Stone (2009) 46 Cal. 4th 131. In Stone, the Supreme Court made a direct suggestion to improve the language of CC 600 regarding the kill zone, which the committee followed. The Stone opinion also found that a person who intends to kill may be guilty of attempted murder even if that person has no specific target in mind. As a result, the committee changed the directions for filling in the blank regarding the victim of the attempted murder. It now instructs to insert the ‘name or description’ of the victim. (Advisory Committee on Criminal Jury Instructions Report (July 11, 2009), at p. 3, [emphasis in original].)
Before being revised, the use of CC 600 was upheld in a “kill zone” attempted murder by People v. Adams (2008) 169 Cal. App. 4th 1009, 1023.
Tags: Attempted Murder, CC 600