People v. Ramirez

Opinion

CORRIGAN, J.

Here we hold that grossly negligent discharge of a firearm

(Pen. Code, § 246.3, subd. (a)) 1 is a necessarily included offense of discharge of a firearm at an inhabited dwelling (§ 246). 2

I. FACTUAL AND PROCEDURAL BACKGROUND 3

Several Chowchilla police officers went to an apartment where a man was reportedly holding a gun to a woman’s head. After the officers identified themselves and ordered the occupants to come out, Sergeant David Noblett knocked on the front window. Immediately, a shotgun was fired through the window. Noblett was not struck, but was knocked backwards by…