Recently, in Innamorati and Zuanni (J. Geom 111:45, 2020. 10.1007/s00022-020-00557-0) the authors give a characterization of a Baer cone of $$\mathrm {PG}(3, q^2)$$
PG
(
3
,
q
2
)
, q a prime power, as a subset of points of the projective space intersected by any line in at least one point and by every plane in $$q^2+1$$
q
2
+
1
, $$q^2+q+1$$
q
2
+
q
+
1
or $$q^3+q^2+1$$
q
3
+
q
2
+
1
points. In this paper, we show that a similar characterization holds even without assuming that the order of the projective space is a square, and weakening the assumptions on the three intersection numbers with respect to the planes.