The opinion
Although I do not agree with all of the majority's reasoning, I nevertheless agree that the ultimate result in this case is correct. Based on my reading of the California Supreme Court's decision in Bland , the prosecutor could have indicted the appellant for attempted murder of Ivey and first-degree assault of Fails. Furthermore, it appears that the State may still prosecute the appellant for attempted murder of Ivey. Therefore, I respectfully concur in the result.