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People v. Bland | 48 P.3d 1107 (2002)

If a perpetrator tries to kill one person but injures or kills others, can that perpetrator be charged with murder or attempted murder? The court considered that question in People versus Bland.

Kenneth Wilson drove his car, with passengers Skylar Morgan and Leon Simon, through a Long Beach neighborhood. Wilson approached Jomo Bland, who was standing with Patrick LeBeau. Bland approached the driver’s side window, and then, after some conversation, started shooting into the car. Wilson drove away as both Bland and LeBeau continued firing at the car. Wilson died of his injuries. Morgan and Simon, both injured, survived.

Prosecutors charged Bland with Wilson’s murder and the attempted murder of Morgan and Simon. The trial court instructed the jury that if Bland intended to kill someone, but instead killed someone else, the jury could convict Bland of murder. The jury convicted Bland of murdering Wilson and of the attempted murder of Morgan and Simon. The court of appeal reversed the attempted-murder convictions, ruling that the court’s instruction might’ve led the jury to believe that if Bland intended to kill Wilson, that intent could be transferred to the attempted murder of Morgan and Simon. The prosecutor appealed to the California Supreme Court.

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