PEOPLE v. CRUZ

Docket No. B086898.

38 Cal.App.4th 427 (1995)

45 Cal. Rptr.2d 148

THE PEOPLE, Plaintiff and Respondent, v. JOSE ENRIQUE CRUZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

September 20, 1995.


Attorney(s) appearing for the Case

COUNSEL

Gary E. Gibbs, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Jaime L. Fuster and Allison Hughes Ting, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

WOODS (Fred), J.

Convicted by jury of assault with a firearm (Pen. Code, § 245, subd. (a)(2); count I; statutory references, unless otherwise noted, are to the Penal Code) and discharging a firearm at an occupied building (§ 246; count II) appellant contends: (1) the intent required by section 246 is "the intent to strike the building"; (2) imposition of the upper...

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