Can the intent to kill for attempted murder exist when only one person is primarily targeted?

^6. People v. Bland (2002) 28 Cal.4th 313, 329, held that the intent to kill for attempted murder could exist when a person shoots at a group of people, even though only one person in the group is primarily targeted. This occurs when the defendant creates a kill zone, which is when "'the nature and scope of the attack, while directed at a primary victim, are such that we can conclude the perpetrator intended to ensure harm to the primary victim by harming everyone in that victim's vicinity.' [Citation.]" (Ibid.)

^7. The trial court and counsel referred to this as a "nickel prior[,]" no doubt, because it carries a five year enhancement.

^8. That subdivision provides that any felony in which the defendant personally uses a firearm is a serious felony.

^9. People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).