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Legal Opinion

People v. Smart

California Court of Appeal

Decided December 19, 2006No. C049931PublishedCited by 5 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

DAVIS, Acting P. J.

A jury convicted defendants Jarvell Deandre Smart (Smart) and Sergio David Calhoun (Calhoun), both 15 years old at the time of the crimes, of two counts of assault with a firearm and one count of shooting at an occupied vehicle. (Pen. Code, §§ 245, subd. (a)(2), 246; see Welf. & Inst. Code, § 707, subd. (d)(2)(B) [trying minors as adults when personally use firearm].) 1

The jury found that the crimes were committed for the benefit of a criminal street gang, and that Calhoun personally used a firearm and personally inflicted great bodily injury but that Smart did not…

2Cases cited11 opinions

  1. Neal v. State of CaliforniaCalifornia Supreme Court · 1960
  2. People v. ManceboCalifornia Supreme Court · 2002
  3. People v. OatesCalifornia Supreme Court · 2004
  4. People v. MajorsCalifornia Supreme Court · 1884
  5. People v. RivaCalifornia Court of Appeal · 2003

6 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. TrujilloCalifornia Court of Appeal · 2010
  2. People v. Gonzalez CA5California Court of Appeal · 2014
  3. People v. Gregory CA3California Court of Appeal · 2014
  4. People v. LopezCalifornia Court of Appeal · 2023
  5. People v. YangCalifornia Court of Appeal · 2010

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