People v. Bruno-Martinez CA3

facts in resolving the issue raised in this appeal.

2 During deliberations, the jury asked: “ ‘On [c]ount 1 do we have the discretion to find [defendant] guilty of attempted murder charges without specifying [the victim]?’ ” After discussion with counsel, the trial court responded: “ ‘No. The victim alleged in the charge is [the victim]. However, you may consider the following instruction of law as a supplement to [CALCRIM No.] 600.’ . . . ‘A person may intend to kill a specific victim or victims and at the same time intend to kill anyone in a particular zone of harm or “kill zone.” In order to convict . . . defendant of the attempted murder of [the victim], the [prosecution] must prove that . . . defendant not only intended to kill anyone in [the] car but also either intended to kill [the victim], or intended to kill anyone within the kill zone. If you have a reasonable doubt whether . . . defendant intended to kill [the victim] by harming everyone in the kill zone, then you must find . . . defendant not guilty of the attempted murder of [the victim].’ ” (Bruno-Martinez I, supra, C060660.) The jury convicted defendant of attempted murder and shooting at an occupied vehicle. As…