Legal Opinion

People v. Ramos

California Court of Appeal

Decided February 28, 2011No. B221016PublishedCited by 5 opinions

1Opinion of the Court

*45Opinion

GILBERT, P. J.

The crime of murder does not always require specific intent to kill. The crime of attempted murder does. CALCRIM No. 600 clearly explains that the crime of attempted murder requires the specific intent to kill. An explanation of express malice is unnecessary and likely confusing.

Sergio Jacobo Ramos appeals a judgment following conviction of attempted murder (count 1) and assault with a semiautomatic firearm (count 2), with findings of personal firearm use and discharge. (Pen. Code, §§ 664, 187, subd. (a), 245, subd. (b), 12022.5, subd. (a), 12022.53, subd. (c).)1 We…

2Cases cited4 opinions

  1. People v. GuerraCalifornia Supreme Court · 2006
  2. People v. SmithCalifornia Supreme Court · 2005
  3. People v. HovarterCalifornia Supreme Court · 2008
  4. People v. LawrenceCalifornia Court of Appeal · 2009

3Cited by5 opinions

  1. (HC) Perez v. SpearmanDistrict Court, E.D. California · 2022
  2. P. v. Torres CA4/2California Court of Appeal · 2013
  3. People v. Montanez CA3California Court of Appeal · 2021
  4. People v. Rodriguez CA2/6California Court of Appeal · 2016
  5. People v. Salas CA5California Court of Appeal · 2013

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