PEOPLE v. CLEM

No. A082187.

92 Cal.Rptr.2d 727 (2000)

78 Cal.App.4th 346

The PEOPLE, Plaintiff and Respondent, v. James CLEM, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

Review Denied June 14, 2000.


Attorney(s) appearing for the Case

Mark R. Verneulen, under appointment by the Court of Appeal, Counsel for Appellant James Clem.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Laurence K. Sullivan, Supervising Deputy Attorney General, Rene A. Chacon, Supervising Deputy Attorney General, Counsel for Respondent The People.


HANLON, P.J.

In this appeal we hold that grossly negligent discharge of a firearm in violation of Penal Code section 246.3 is an offense "inherently dangerous to human life" which will support a conviction of second degree felony murder.

I.

On May 18, 1997, appellant James Clem fired a rifle out of the window of his second story apartment, and the bullet struck and killed a man standing in the street below. Appellant testified that he had been assaulted...

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