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PEOPLE v. MANZO

No. S191400.

53 Cal.4th 880 (2012)

138 Cal. Rptr. 3d 16

270 P.3d 711

THE PEOPLE, Plaintiff and Respondent, v. MARTIN MANZO, Defendant and Appellant.

Supreme Court of California.

March 8, 2012.

Attorney(s) appearing for the Case

Arthur Martin , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Steve Oetting , Kelley Johnson and Christine Levingston Bergman , Deputy Attorneys General, for Plaintiff and Respondent.

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...

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