Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons?
California, United States of America
The following excerpt is from People v. Rios, F074350 (Cal. App. 2019):
Courts have recognized that the kill zone "theory addresses the question of whether a defendant charged with the murder or attempted murder of an intended target can also be convicted of attempting to murder other, nontargeted, persons." (People v. Stone, supra, 46 Cal.4th at p. 138.) Whether the theory is applicable depends on the circumstances of the offense. (Canizales, supra, 7 Cal.5th at p. 607.)
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