Does the transferred intent doctrine apply to attempted murder?

California, United States of America


The following excerpt is from People v. Corona, F075515 (Cal. App. 2019):

The parties agree, as do we, that the transferred intent doctrine does not apply to attempted murder. Instead, a defendant's guilt for attempted murder must be judged separately for each alleged victim. (People v. Bland (2002) 28 Cal.4th 313, 331.) The parties, however, dispute whether or not the prosecutor improperly asked the jury to transfer defendant's intent to kill Victor into an intent to kill David. The parties also dispute whether or not the prosecutor improperly equated running a yellow light with the concept of premeditation and deliberation. Defendant asserts that the prosecutor committed prejudicial misconduct, and he seeks reversal of his convictions for first degree murder (count 1) and attempted murder (count 2).

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