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Name: People v. Smith
Case #: C042876
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/02/2004
Subsequent History: Rev. granted 5/12/04: S123074

Appellant fired a single shot into a car, narrowly missing both a baby and the driver of the car. Appellant knew that both the mother and baby were in the car. Appellant was convicted of two counts of attempted murder, and on appeal, challenged the sufficiency of evidence to support the conviction regarding the baby. The appellate court here rejected the argument. Appellant knew the baby was in the back seat, directly behind the driver. Appellant shot at a moving vehicle. From these facts, the jury could reasonably conclude that in shooting at the driver, the baby would be in the line of fire, and therefore there was such a minimal possibility that only the driver would be hit that appellant concurrently intended to kill both of them.