California, United States of America
The following excerpt is from People v. Philpot, D071726 (Cal. App. 2018):
People v. Trujillo (2010) 181 Cal.App.4th 1344 (Trujillo) is particularly on point with respect to whether the evidence in this case is sufficient to support a conviction for assault with a firearm against R.R. In Trujillo, a defendant shot into a moving vehicle with tinted windows that was occupied by not only the driver, but by a backseat passenger, as well. This court rejected a claim that a defendant who fires into a vehicle knowing only that it is occupied by one person cannot be guilty of assault with a firearm against a passenger who the defendant may not have been aware was also in the vehicle. (Trujillo, supra, at pp. 1354-1357.) The jury convicted the defendant of two counts of assault with a firearm, despite the fact that there was no evidence that the defendant was actually aware that someone other than the driver was also in the vehicle. (Id. at p.