California Court of Appeal

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People v. Ramirez, B213097

Conviction of defendant for shooting at an occupied automobile, which killed the victim, is affirmed in part, reversed in part and remanded where: 1) there was substantial evidence to support defendant's conviction for willfully and maliciously shooting a firearm at an occupied automobile; but 2) the section 12022.55 enhancement must be reversed as the uncontradicted evidence demonstrates the victim was inside the car at the time of the shooting.

Appellate Information

  • Decided 05/25/2010
  • Published 05/25/2010

Judges

  • TURNER, P.J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • William L. Heyman, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters and Robert S. Henry, Deputy Attorneys General, for Plaintiff and Respondent.
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