Can a jury convict appellant of multiple counts of attempted murder based on the "kill zone" theory?

Appellant now contends that the trial judge erred in instructing the jury based on the "kill zone" theory. Relying on People v. Stone, supra, 46 Cal.4th at page 131, appellant argues that "the 'kill zone' instruction must not be given unless there is evidence that the defendant both intended to kill one victim and concurrently intended to

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kill others in the vicinity," and that "[a] shot into 'a group of persons gathered together' [cannot constitute]... multiple counts of attempted murder unless it is shown beyond a reasonable doubt that the defendant intended to kill more than one person." This is exactly what the trial court's instructions told the jury. Indeed, when the prosecutor argued that multiple attempted murder counts could be found based on appellant's intent to kill anyone in the "kill zone," the trial judge interrupted to correct him, and emphasized that the jury could convict appellant of multiple attempted murder counts only if appellant intended to kill everyone in the "kill zone." The prosecutor accepted this correction, and People v. Stone, supra, 46 Cal.4th at page 138 and footnote 3, makes it clear that the trial judge stated the law correctly.