State v. Garza

916 P.2d 9 (1996)

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Nature of the Case

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Facts

Garza (D) and Caesar Vaca had bad blood between them. D encountered Vaca, and each began firing guns at each other. Jennifer Milton, who was standing behind D, was struck by a bullet fired by Vaca. D was charged with aggravated battery of D; the state asserted liability for the crimes of another and transferred intent for its prosecution theory. After the presentation of evidence, D moved to have the complaint dismissed. The complaint was dismissed because D did not fire the shot (under the transferred intent doctrine but the issue of aiding and abetting was not commented upon). The State appealed.