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PEOPLE v. STONE

No. S162675.

46 Cal.4th 131 (2009)

___ Cal.Rptr.3d ___

___ P.3d ___

THE PEOPLE, Plaintiff and Respondent, v. NICHOLAS SCOTT STONE, Defendant and Appellant.

Supreme Court of California.

April 23, 2009.

Attorney(s) appearing for the Case

Linnea Johnson and Patricia L. Watkins, under appointments by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, David A. Rhodes and Clayton S. Tanaka, Deputy Attorneys General; Ronald L. Calhoun, District Attorney, Adam Nelson and Mitchell Keiter, Deputy District Attorneys, for Plaintiff and Respondent.

OPINION

CHIN, J.

Can a person who shoots into a group of people, intending to kill one of the group, but not knowing or caring which one, be convicted of attempted murder? Yes. The mental state required for attempted murder is the intent to kill a human being, not a particular human being.

I. FACTS AND PROCEDURAL HISTORY

We take our facts primarily from the Court of Appeal's opinion.

Around 8:30 p.m. on the evening...

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