What evidence is sufficient to support a finding that defendant attempted to commit either a lewd and lascivious act or oral copulation?

California, United States of America


The following excerpt is from People v. SMITH, E048186, No. RIF128500 (Cal. App. 2010):

insufficient to support a finding that defendant attempted to commit either a lewd and lascivious act or oral copulation. (See, e.g., People v. Crabtree (2009) 169 Cal.App.4th 1293 [defendant had Viagra and condoms in the trunk of his car when he arrived at prearranged location to meet his victim].) The cases defendant relies on do not hold that only evidence of the type and quality involved in those cases is sufficient to support an attempt. Therefore the cases are irrelevant.

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