California Court of Appeal

A defendant who aims a gun and pulls its trigger, thereby causing an explosion in its firing chamber, has discharged the gun within the meaning of Pen. Code section 12022.53 subdivision (c), which mandates an additional and consecutive term of imprisonment of 20 years for "[a]ny person . . . who personally and intentionally discharges a firearm" in the commission of enumerated offenses, including assault on a peace officer.

Appellate Information

• Decided 10/24/2006
• Published 10/24/2006

Judges

• MANELLA, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Maureen L. Fox, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Joseph P. Lee and Erika D. Jackson, Deputy Attorneys General, for Plaintiff and Respondent.