People v. Bostick

I concur in the judgment because I agree it was proper to exclude evidence of the victim’s cocaine use and that Penal Code section 12022.551 is unamenable to judicial interpretation. I write separately, with respect to the latter issue, because I agree with appellant’s theory of the statute and believe it appropriate to explain why I nevertheless reject his argument.

*293As appellant correctly points out, section 12022.55 was designed to increase the punishment for a so-called “drive-by” shooting—that is, the discharge of a weapon from a moving vehicle in an area in which large numbers of people…