People v. Manzo
Annotate this CaseDefendant was convicted of violating Penal Code section 246 by standing outside his truck and shooting a passenger. Defendant argued that because the gun had crossed the threshold of the truck at the time of the shooting, the gun was not "discharged 'at' the vehicle" but was instead discharged "within" the vehicle. Although the court agreed that the statutory text alone was susceptible of more than one interpretation, reliable extrinsic evidence aids to statutory construction convinced the court that the Legislature intended section 246 to apply to a person standing outside an occupied motor vehicle and shooting into it, even if the gun had crossed the plane of the vehicle. Because the court could discern the Legislature's intent, there was no need to invoke the rule of lenity. Therefore, the court reversed the judgment.
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