P. v. Burke
A jury found Patrick Burke guilty of two counts of attempted murder, shooting at an occupied building and assault with a semiautomatic firearm. The jury also found true gang and other enhancements attached to the counts. Burke appeals, contending his two attempted murder convictions must be reversed because (1) there was insufficient evidence that he had the specific intent to kill, and (2) the trial court gave erroneous instructions on the kill zone theory of attempted murder. We affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
In August 2008, the Static Lounge, a bar in downtown San Diego, put on a music event to unite two rival gangs, the Bloods and the Crips. That night, officers patrolling the area made contact with Burke, a documented West Coast Crip member, and conducted a field interview. Burke was with Johnny Hill, a Neighborhood Crip member. Hill told the officers that they had just come from the bar. John Nygren, a security guard working outside the Static Lounge, had seen Burke walking up and down the street near the bar multiple times that night.
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