California Court of Appeal

A conviction for exhibiting a firearm was not supported by substantial evidence that a victim was in a motor vehicle "proceeding on a public street or highway", under Penal Code section 417.3, where the vehicle was stalled and inoperative.

Appellate Information

• Decided 07/16/2002
• Published 07/16/2002

Judges

•  PERREN, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Carol S. Boyk, under appointment by the Court of Appeal, Los Angeles, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Deborah J. Chuang, Timothy M. Weiner, Deputy Attorneys General, for Plaintiff and Respondent.