People v. Cardona
Annotate this CaseDefendant appealed his convictions for murder and attempted murder arising from an incident at a party during which he shot two people, killing one and wounding the other. The court concluded that the trial court erred when it instructed the jury pursuant to a kill zone theory of liability for attempted murder, and the error was prejudicial. Therefore, the court reversed defendant's attempted murder conviction. The court concluded that the evidence was sufficient to convict defendant of willful, deliberate, and premeditated attempted murder. Although the court has already concluded that the conviction must be reversed, the court must address this issue because if the prosecution did not produce substantial evidence of attempted murder, it would be barred from retrying defendant for this offense. Finally, the court concluded that there was sufficient evidence to put into question whether defendant had initiated the attack on the victim and created the need to use self-defense. Accordingly, the jury instruction on this issue was proper. The court affirmed in all other respects.
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