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People v. Superior Court (Decker)

Supreme Court of California

157 P.3d 1017 (Cal. 2007)

Relevant factsFree

Ronald Decker (defendant) wanted his sister Donna killed and, after a contact named Wafer declined the job and instead alerted police, met with undercover Detective Wayne Holston posing as an assassin. Decker gave Holston details on Donna's identity, home, workplace, and routine, explained he could not do it himself because he would be a suspect, and instructed that Donna's friend Hermine Bafiera should also be killed if present as a witness. At a follow-up meeting, Decker paid Holston a $5,000 down payment and confirmed he understood there was no turning back once they parted ways. Decker was charged with attempted murder of Donna and Hermine along with solicitation; the trial court dismissed the attempted-murder charge for insufficient evidence, and the court of appeal reversed and reinstated it.

IssueFree

Whether clear evidence of a person's intent to commit a crime makes any slight act in furtherance of that crime sufficient to constitute a criminal attempt.

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