People v. Bland

28 Cal.4th 313 (2002)

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Nature of the Case

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Facts

D was a member of the Insane Crips gang. Kenneth Wilson, (aka Kebo) belonged to the Rolling 20's Crips. Wilson drove through a Long Beach neighborhood with passengers Skylar Morgan and Leon Simon, who, it appears, were not gang members. Wilson turned his car around and drove to where D was standing with another man. The other man pulled out a gun, and D asked Wilson if he was Kebo. Wilson said he was, and the man put the gun away. The other man said he and D were Insane Crips. Wilson told them his passengers, Morgan and Simon, were not gang members. Invited to get out of the car and talk, Wilson instead turned his car around and said he would drop off his passengers and return. D approached the driver's side of the car, said, 'So you Kebo from '20s,' and started shooting into the vehicle with a .38-caliber handgun. Wilson managed to start driving away. As he did so, both D and the other man fired at the car. The car crashed into a pole. Wilson died of a gunshot wound to the chest. Simon was shot in the liver and Morgan in the shoulder, but both survived. The evidence was not clear who fired the shots that hit Morgan and Simon. The jury convicted D of the first-degree murder of Wilson and the premeditated attempted murders of Simon and Morgan. The Court of Appeal reversed the two attempted murder convictions, finding the trial court erroneously instructed the jury on the doctrine of transferred intent. P appealed to the Supreme Court of California.