People v. Superior Court

157 P.3d 1017 (2007)

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Nature of the Case

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Facts

D sought the services of a hired gunman to kill his sister and her friend. D found someone and furnished a description of his sister, her home, her car, and her workplace, as well as specific information concerning her daily habits. He also advised the assassin to kill Hermine if necessary to avoid leaving a witness behind. D and the hired assassin agreed on the means to commit the murder, the method of payment, and the price. The parties also agreed that Decker would pay $5,000 in cash as a downpayment. Before Decker handed over the money, the assassin asked whether Decker was “sure” he wanted to go through with the murders. Decker replied, “I am absolutely, positively, 100 percent sure, that I want to go through with it. I've never been so sure of anything in my entire life.” The hired gunman was an undercover police detective. All of the conversations were recorded and videotaped. D was charged with the attempted willful, deliberate, and premeditated murder of his sister and her friend. D admits to solicitation but contends the evidence was insufficient for attempted murder. The magistrate and trial court dismissed the attempted murder charges. The court issues a writ of mandate to reinstate the charges. D appealed.