People v. Foster
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Defendant was convicted by a jury of one count of first degree premeditated murder, and five counts of premeditated attempted murder. The jury found true allegations that the crimes were gang related and that defendant personally discharged a firearm. Defendant was sentenced to a total term of 90 years to life in state prison.
In the published portion of this opinion, the Court of Appeal held that the evidence was sufficient to support all five counts of attempted murder. In this case, there was no indication defendant had a primary target; during his jailhouse conversation with the Perkins agent, defendant gave no indication he sought to target a specific individual; defendant fired a semi-automatic weapon from a distance of 40 to 50 feet at a group containing at least six males standing so closely to one another that they fit within the frame of the metal door of the barbershop; and the fact that no one other than one certain victim was struck or injured does not negate an intent to kill. The court explained that firing a gun at the group, under such circumstances, was substantial evidence from which the jury could find a specific intent to kill, and at least one direct but ineffective step towards killing the five victims who survived the shooting.
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