People v. Superior Court

WERDEGAR, J., Dissenting.

My colleagues hold that defendant’s conduct in soliciting the murder of his sister, reaching an agreement with a hired assassin to do the killing, and making a downpayment under the agreement establishes probable cause to believe defendant himself attempted the murder. I respectfully dissent. “An attempt to commit a crime consists of two elements: a specific intent to commit the crime, and a direct but ineffectual act done toward its commission.” (Pen. Code, § 21a.) Defendant’s conduct in this case does not include “a direct but ineffectual act” done toward the…