People v. Scott

Opinion

BROWN, J.

A jury convicted defendants Damien Scott and Derrick Brown of various crimes for their part in a drive-by shooting which resulted in the death of one person and injury to several others. We must decide in this case whether the doctrine of transferred intent may be used to assign criminal liability to a defendant who kills an unintended victim when the defendant is also prosecuted for the attempted murder of an intended victim.

Under the classic formulation of California’s common law doctrine of transferred intent, a defendant who shoots with the intent to kill a certain person…