People v. Stone

After a gang confrontation at a carnival, Stone (defendant), a Sureno gang member, fired a gun from a moving vehicle toward a group of Norteno gang members standing 4-5 feet away; he was charged with the single count of attempted murder of one specific victim, Joel F. Witnesses gave conflicting accounts of exactly where the gun was aimed, and Joel F. testified he did not believe Stone had aimed at anyone in particular but ducked from fear when he heard the shot. The trial court instructed the jury using the "kill zone" theory drawn from People v. Bland, and the court of appeal reversed, finding both the instruction improper and the evidence insufficient; the California Supreme Court granted review.