I concur in the judgment insofar as it affirms defendant’s conviction for the second degree murder of Mary Gioia. After review, I have found no reason to disturb the jury’s verdict on this issue.
I dissent from the judgment, however, insofar as it affirms defendant’s conviction for the first degree murder of Gregory Kniffin. The jury’s verdict here cannot stand. Guilt rests solely on the theory of willful, deliberate, and premeditated murder. But that theory, as I shall show, is without adequate evidentiary support.
In reviewing the sufficiency of evidence under the due process clause of the Fourteenth Amendment to the United States Constitution, the question we ask is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” (Jackson v. Virginia (1979) 443 U.S. 307, 319 [61 L.Ed.2d 560, 573, 99 S.Ct. 2781], italics in original.) To my mind, we must ask the same question when we conduct such review under the due process clause of article I, section 15 of the California Constitution.
The following principles appear applicable to sufficiency-of-evidence analysis under both the federal and state charters.
The evidence that we view is the evidence in its entirety. (People v. Johnson (1980) 26 Cal.3d 557, 577 [162 Cal.Rptr. 431, 606 P.2d 738, 16 *545A.L.R.4th 1255] [decided expressly under the due process clause of U.S. Const., Amend. XIV, and impliedly under the due process clause of Cal. Const., art. I, § 15].) In other words, although we weigh the facts in favor of the People’s position, we do not weigh only such facts as are favorable thereto. “[W]e must resolve the issue in the light of the whole record—i.e., the entire picture of the defendant put before the jury—and may not limit our appraisal to isolated bits of evidence selected by” the People on appeal. (People v. Johnson, supra, at p. 577, italics in original.)
To be sufficient, evidence must of course be substantial. (See, e.g., People v. Morris (1988) 46 Cal.3d 1, 19 [249 Cal.Rptr. 119, 756 P.2d 843] [decided impliedly under the due process clauses of U.S. Const., Amend. XIV, and Cal. Const., art. I, § 15].) It is such only if it “ ‘reasonably inspires confidence and is of “solid value.” ’ ” (People v. Morris, supra, at p. 19.) By definition, “substantial evidence” requires evidence and not mere speculation. In any given case, one “may speculate about any number of scenarios that may have occurred .... A reasonable inference, however, may not be based on suspicion alone, or on imagination, speculation, supposition, surmise, conjecture, or guess work. ... A finding of fact must be an inference drawn from evidence rather than ... a mere speculation as to probabilities without evidence.” (Id. at p. 21, italics in original, paragraph sign and internal quotation marks omitted.)
Further, the evidence must be capable of supporting a finding as to every fact required for conviction beyond a reasonable doubt. Any such doubt must, of course, be “reasonable”—but nothing more. It plainly need not be “grave” or even “substantial.” (Cage v. Louisiana (1990) 498 U.S. 39, _ [112 L.Ed.2d 339, 342, 111 S.Ct. 328, 329] [decided under the due process clause of U.S. Const., Amend. XIV] (per curiam).) What is required, in a word, is “near certainty” (People v. Hall (1964) 62 Cal.2d 104, 112 [41 Cal.Rptr. 284, 396 P.2d 700] [decided under general principles of law]) or “evidentiary certainty” (Cage v. Louisiana, supra, at p. __ [112 L.Ed.2d at p. 342, 111 S.Ct. at p. 330] (per curiam)).
A state-court conviction that is not supported by sufficient evidence violates the due process clause of the Fourteenth Amendment and is invalid for that reason. (Jackson v. Virginia, supra, 443 U.S. at pp. 313-324 [61 L.Ed.2d at pp. 569-577].) In my view, a California conviction without adequate support separately and independently offends, and falls under, the due process clause of article I, section 15.
I now turn to the issue whether the evidence is sufficient to support defendant’s conviction for the willful, deliberate, and premeditated murder of Kniffin.
*546The specific question concerns the elements of premeditation and deliberation—or strictly, premeditated and deliberate intent to kill.
Traditionally, “premeditated” has been defined as “on preexisting reflection,” and “deliberate” as “resulting from careful thought and weighing of considerations.” (See generally People v. Anderson (1968) 70 Cal.2d 15, 26 [73 Cal.Rptr. 550, 447 P.2d 942], and cases cited.) The terms have been further defined by their antonyms: “premeditated” is not “spontaneous”; and “deliberate” is not “hasty,” “impetuous,” “rash,” or “impulsive.” (See generally People v. Hilton (1946) 29 Cal.2d 217, 222 [174 P.2d 5]; People v. Thomas (1945) 25 Cal.2d 880, 901 [156 P.2d 7].)
In People v. Anderson, supra, 70 Cal.2d 15, we stated in pertinent part as follows.
“The type of evidence which this court has found sufficient to sustain a finding of premeditation and deliberation falls into three basic categories: (1) facts about how and what defendant did prior to the actual killing which show that the defendant was engaged in activity directed toward, and explicable as intended to result in, the killing—what may be characterized as ‘planning’ activity; (2) facts about the defendant’s prior relationship and/or conduct with the victim from which the jury could reasonably infer a ‘motive’ to kill the victim, which inference of motive, together with facts of type (1) or (3), would in turn support an inference that the killing was the result of ‘a pre-existing reflection’ and ‘careful thought and weighing of considerations’ rather than ‘mere unconsidered or rash impulse hastily executed’; (3) facts about the nature of the killing from which the jury could infer that the manner of killing was so particular and exacting that the defendant must have intentionally killed according to a ‘preconceived design’ to take his victim’s life in a particular way for a ‘reason’ which the jury can reasonably infer from facts of type (1) or (2).
“Analysis of the cases will show that this court sustains verdicts of first degree murder typically when there is evidence of all three types and otherwise requires at least extremely strong evidence of (1) or evidence of (2) in conjunction with either (1) or (3).” (People v. Anderson, supra, 70 Cal.2d at pp. 26-27, italics in original, citation omitted.)
From the very day we decided Anderson, we have construed its language to be normative as well as descriptive. The rule is this: the evidence is sufficient as to premeditation and deliberation if and only if there is (1) evidence of planning and motive and manner; or (2) extremely strong evidence of planning; or (3) evidence of motive and either planning or manner.
*547Here, there is no substantial evidence that defendant planned an attack on Kniffin. Indeed, the record is essentially devoid of “facts about how and what defendant did prior to the actual killing which show that the defendant was engaged in activity directed toward, and explicable as intended to result in, the killing . . . .” (People v. Anderson, supra, 70 Cal.2d at p. 26, italics in original.) For argument’s sake only, I shall assume that the fact that defendant had to manually reload his rifle may amount to some evidence that he “planned” the second killing. Such evidence, I hasten to add, would be at best minimal: inasmuch as defendant was readily familiar with the weapon, he could manipulate it by reflex action. Be that as it may, there is absolutely no evidence that the victim of the second killing was in fact Kniffin. Of course, the evidence allows speculation that the murder of Kniffin was planned. But as stated, speculation is not evidence, less still substantial evidence.
The majority purport to find some evidence of planning in (1) the absence of facts as to whether or not defendant had his rifle in his possession when he was last seen in the company of Kniffin and Gioia; (2) the fact that he had to manually reload the weapon; and (3) the asserted fact that the rifle would not otherwise have been available at the time and place of the murders. The first point is logically unsound. The absence of facts cannot yield the presence of facts: ex nihilo nihil fit. The second founders on the analysis set out in the preceding paragraph. The third is inadequate in and of itself. Apparently, the weapon was readily available. True, the hour of the killings was late. The location, however, was hard by Rainbow Village, where the rifle was kept.
Next, there is no substantial evidence that defendant had a motive to kill Kniffin. Again, the record is essentially devoid of “facts about the defendant’s prior relationship and/or conduct with the victim from which the jury could reasonably infer a ‘motive’ to kill the victim . . . .” (People v. Anderson, supra, 70 Cal.2d at p. 27, italics in original.) As the trial court observed, the record reveals that defendant acted “without apparent motive, nor any rhyme nor reason.”
The majority purport to find some evidence of motive in a sexual-attack theory devised by the prosecutor in summation at trial and/or a witness-elimination theory fashioned by the Attorney General in his brief for the People on appeal. Surely, the evidence allows speculation in accordance with the prosecutor’s theory. But it simply does not support a factual inference to that effect. Again, speculation is not evidence, less still substantial evidence. The same is true as to the Attorney General’s theory.
Finally, there is no substantial evidence that defendant employed a manner of killing Kniffin that reveals forethought and reflection. The record is weak *548as to “facts about the nature of the killing from which the jury could infer that the manner of killing was so particular and exacting that the defendant must have intentionally killed according to a ‘preconceived design’ to take his victim’s life in a particular way for a ‘reason’ which the jury can reasonably infer from facts of’ planning or motive. (People v. Anderson, supra, 70 Cal.2d at p. 27, italics in original.)
Had the attack on Kniffin consisted of a single shot and nothing more, the case might perhaps be different. Such a situation would arguably suggest a so-called “execution-style” killing—which is “particular and exacting” practically by definition.
The actual attack, however, was not of this sort: Kniffin was savagely beaten over virtually his whole body before he was shot. The situation that the facts unambiguously disclose points toward a killing done spontaneously and impulsively in unchecked and undiscriminating fury—a method that is neither “particular” nor “exacting.”
The majority purport to find some evidence of a manner of killing revealing forethought and reflection in the single shot. In isolation, that fact must be deemed significant. In context, however, it cannot be considered substantial. To be sure, the evidence supports an inference of intent to kill. But such an intent does not amount to or entail premeditation or deliberation in and of itself. (See People v. Anderson, supra, 70 Cal.2d at p. 26.)
In view of the foregoing, a rational trier of fact could not have found defendant guilty beyond a reasonable doubt of the first degree willful, premeditated, and deliberate murder of Kniffin.
Put simply, premeditation and deliberation were not established to a “near certainty” (People v. Hall, supra, 62 Cal.2d at p. 112) or to an “evidentiary certainty” (Cage v. Louisiana, supra, 498 U.S. at p. _ [112 L.Ed.2d at p. 342, 111 S.Ct. at p. 330] (per curiam)).
The record does not reveal that defendant formed an intent to kill “on preexisting reflection” “resulting from careful thought and weighing of considerations.”
Certainly, the case here does not come within the Anderson rule. There is no evidence of planning together with motive together with manner. Neither is there extremely strong evidence of planning. Finally, there is no evidence of motive together with either planning or manner.
Therefore, the evidence is insufficient to support defendant’s conviction for the first degree willful, deliberate, and premeditated murder of Kniffin.
*549Accordingly, I would set aside the first degree murder conviction. I would then vacate the special circumstance finding because of the absence of its predicate—a conviction of first degree murder. (See Pen. Code, § 190.2, subd. (a).) And I would then set aside the sentence of death because of the absence of its predicate—a conviction of first degree murder under special circumstances. (See ibid.)