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PEOPLE v. RAMIREZ

No. S156775.

45 Cal.4th 980 (2009)

THE PEOPLE, Plaintiff and Respondent, v. JESSIE JOSE RAMIREZ, Defendant and Appellant.

Supreme Court of California.

February 26, 2009.

Attorney(s) appearing for the Case

Joseph C. Shipp, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer and Edmund G. Brown, Jr., Attorneys General, Mary Jo Graves and Dane R. Gillette, Chief Assistant Attorneys General, Michael P. Farrell, Assistant Attorney General, Janet E. Neely, Lloyd G. Carter, Louis M. Vasquez and Brian Alvarez, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CORRIGAN, J.

Here we hold that grossly negligent discharge of a firearm (Pen. Code, § 246.3, subd. (a))1 is a necessarily included offense of discharge of a firearm at an inhabited dwelling (§ 246).2

I. FACTUAL AND PROCEDURAL BACKGROUND3

Several Chowchilla police officers went...

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