People v. Stepney

Opinion

SCOTT, Acting P. J.

Appellant, Willie Stepney, was convicted of a violation of Penal Code section 246 which prohibits discharging a fire arm at an inhabited dwelling. He contends and we agree that shooting a firearm inside of an inhabited dwelling, and more particularly shooting a television set inside such a dwelling, is not proscribed by that statute.

Carmen Posey, her two young children, and her friend Errol Walker lived together at a home in San Pablo. One evening, when Walker was not at home, appellant Willie Stepney and two other men arrived, looking for him. When Carmen did not…