McCloud

Defendants Izac McCloud and Jonzel Stringer fired 10 shots from a semiautomatic handgun at a party at which over 400 people *791 were present. Three bullets struck three victims, killing two and injuring the third. The seven remaining bullets hit no one.

McCloud and Stringer were charged by grand jury indictment with two counts of murder and 60 counts of attempted murder, 14 of which were later dismissed. Defendants were tried together but before separate juries, which convicted both defendants of second degree murder for the two deaths, convicted Stringer of all 46 counts of attempted murder, and convicted McCloud of 46 counts of the lesser included offense of assault with a firearm.

In the published portion of our opinion, we conclude that the trial court prejudicially erred by instructing the jury on the “kill zone” theory of attempted murder. The record contains no evidence to support application of the kill zone theory.

Also in the published portion of our opinion, we conclude that the evidence is insufficient to sustain 46 attempted murder convictions. Rather, the evidence is sufficient to support only eight attempted murder convictions.

Defendants also raise a…