People v. Hoover

Opinion

MOSK, J.

Defendant appeals from a judgment, following a jury trial, finding him guilty of (1) discharging a firearm at an inhabited dwelling (Pen. Code, § 246) while armed with a dangerous weapon (Pen. Code, §§ 3024 and 12022); (2) assault with a dangerous weapon (Pen. Code, § 245, subd. (a)) by using a firearm (Pen. Code, § 12022.5); and (3) possession of a billy club (Pen. Code, § 12020). The Attorney General concedes that Penal Code sections. 12022 and 3024 cannot be applied where the conviction is for violation of section 246 (People v. Floyd (1969) 71 Cal.2d 879 [80 Cal.Rptr. 22,…