California Court of Appeal

In a criminal case involving an infant killed in a traffic collision while riding in a car by gang members who were fleeing due to gunshots fired from defendants-rival gang members' vehicle, a challenge to an enhancement allegation that defendants' personal and intentional discharge of firearms proximately caused the infant's death is rejected as the evidence was sufficient because the collision that caused the death was a foreseeable consequence of defendants' discharge of the firearms.

Appellate Information

• Decided 05/15/2008
• Published 05/15/2008

Judges

• NICHOLSON, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Madeline McDowell, under appointment by the Court of Appeal, Sacramento, for Defendant and Appellant Sergio Zarazua., Richard A. Levy, under appointment by the Court of Appeal, Torrance, for Defendant and Appellant Carlos Zarazua., Heather J. MacKay, under appointment by the Court of Appeal, Oakland, for Defendant and Appellant Jorge Ramirez., Edmund G. Brown, Jr. and Bill Lockyer, Attorneys General, Dane R. Gillette and Mary Jo Graves, Chief Assistant Attorneys General, Michael P. Farrell, Senior Assistant Attorney General, Stephen G. Herndon, Paul E. O'Connor, and Maureen A. Daly, Deputy Attorneys General, for Plaintiff and Respondent.