People v. Manzo

Opinion

BAXTER, J.

Penal Code section 246 (section 246) makes it unlawful for any person to maliciously and willfully discharge a firearm at an occupied motor vehicle. In this case, defendant was convicted of violating section 246 by standing outside his truck and shooting Jose Valadez, a passenger. Defendant argues that because the gun had crossed the threshold of the truck at the time of the shooting, the gun was not “discharged ‘at’ the vehicle” but was instead discharged “within” the vehicle. According to defendant, “[w]hat matters under section 246 is what the shooting is ‘at,’ a…