Can a defendant be convicted of as many counts of attempted murder as the number of bullets he fired?

California, United States of America


The following excerpt is from People v. Estrada, D069294 (Cal. App. 2016):

Nonetheless, "[j]ust because a defendant fires a gun repeatedly at a group of people does not necessarily mean the defendant can be convicted of as many counts of attempted murder as the number of bullets he fired. The questionwhich is a factual one for the jury to decideis whether, based on the particular evidence in the case, it can be inferred that defendant had the concurrent intent to kill not only his intended target but others in the target's vicinity." (People v. Pham (2011) 192 Cal.App.4th 552, 559.)

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