California, United States of America
The following excerpt is from People v. Shah, A138475 (Cal. App. 2016):
"[A]s provided by section 21a, '[a]n 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.' " (People v. Toledo (2001) 26 Cal.4th 221, 229.) "The overt act element of attempt requires conduct that goes beyond 'mere preparation' and 'show[s] that [defendant] is putting his or her plan into action.' (People v. Superior Court (Decker) (2007) 41 Cal.4th 1, 8; see, e.g., [Toledo, at p.] 230 ['Under the provisions of section 21a, a defendant properly may be found guilty of [an attempt crime] whenever, acting with the specific intent to commit the offense . . . , the defendant performs an act that goes beyond mere preparation and indicates that he or she is putting a plan into action']; see also CALJIC No. 6.00 [mere preparation . . . is not sufficient to constitute an attempt] CALCRIM No. 460 [requiring a 'direct step' that 'goes beyond planning or
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