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Criminal Law Keyed to Ohlin
People v. Superior Court (Decker)
Citation:
58 Cal. Rptr. 3d 421, 157 P.3d 1017 (2007)Facts
The defendant, Decker, spoke with an undercover cop who he believed to be an assassin. He told the undercover cop that he wanted him to kill his sister and also her friend if he needed to in order to not leave behind a witness. He furnished the supposed assassin with a description of his sister, her home, her car and her workplace, as well as specific information concerning her daily habits. He agreed to pay $5,000 in cash as a down payment.
Before Decker handed over the money, the undercover cop asked if he was sure he wanted him to murder his sister. The defendant replied that he was “absolutely, positively, 100 percent sure, that I want to go through with it” and that he’s never been so sure of anything in his entire life. He also told him to kill her as fast as he can.
He was then charged with several charges, including attempted murder. The trial court dismissed the attempted murder charges, and the California Court of Appeal reinstated them. The defendant appealed, arguing that the evidence was insufficient to support a charge of attempted murder.
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