People v. McCloud
211 Cal. App. 4th 788
| Cal. Ct. App. | 2012Background
- Shooting occurred at a Lakewood Masonic Lodge party; three victims shot (two killed, one wounded) from outside shots; no gun found; 428 witnesses interviewed; weapon not recovered; defendants McCloud and Stringer charged with two murders and 60 attempted murder counts (some dismissed); separate juries convicted McCloud of second-degree murder and assault on 46 counts, Stringer of second-degree murder and 46 attempted murders; kill zone theory instruction challenged on appeal; appellate court later concluded only eight of the 46 attempted murders, and eight of the 46 assault counts, were supported by substantial evidence and reversed the rest; remanded for proceedings consistent with the opinion; sentence in each case is substantial and consecutive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Kill zone instruction error | Stringer argues the court erred by giving kill zone instruction. | McCloud/Stringer contend the instruction was proper under Bland. | Kill zone instruction reversed as prejudicial. |
| Sufficiency of Stringer’s 46 attempted murder convictions | Evidence supported all 46 counts under transferred-intent theory. | Perez/Smith limits show only eight counts supported. | Only eight attempted murder convictions upheld; remaining 38 reversed. |
| Sufficiency of McCloud’s 46 assault convictions | Evidence showed present ability to commit battery on 46 victims. | Insufficient evidence to sustain 46 assaults. | Only eight assault convictions sustained; 38 reversed. |
| Remand implications | Remand for further proceedings consistent with the reversal and limited sufficiency findings. |
Key Cases Cited
- People v. Bland, 28 Cal.4th 313 (Cal. 2002) (necessary mental-state distinctions for attempted murder; kill zone concept origin)
- People v. Perez, 50 Cal.4th 222 (Cal. 2010) (limits on multiple attempted murder counts; transferred intent not applicable to attempted murder)
- People v. Stone, 46 Cal.4th 131 (Cal. 2009) (indiscriminate would-be killer may be guilty of attempted murder; target absence noted)
- People v. Smith, 37 Cal.4th 733 (Cal. 2005) (kill zone discussion; confirms appropriate use of kill zone inference in certain cases)