SERIES 900 ASSAULTIVE AND BATTERY CRIMES
F 968 Shooting From Motor Vehicle (PC 12034(c) & (d))
TABLE OF CONTENTS
F 968 Shooting From Motor Vehicle (PC 12034(c) & (d))
F 968 NOTES
F 968 Note 1 Shooting From Motor Vehicle—CALCRIM Cross-References And Research Notes
F 968 Note 2 Discharge Of Firearm From Motor Vehicle (PC 12034): Whether “Permit” Is Unconstitutionally Vague
F 968 Note 3 Discharge Of Firearm From A Vehicle (PC 12034): Intent Required
F 968 Note 4 Assault With Firearm (PC 245(a)(2)) Is Not LIO Of Discharging Firearm From A Vehicle (PC 12034(c))
Return to Series 900 Table of Contents.
F 968 Shooting From Motor Vehicle(PC 12034(c) & (d))
Adapt from FORECITE F 967.
F 968 NOTES
F 968 Note 1 Shooting From Motor Vehicle—CALCRIM Cross-References And Research Notes
See FORECITE F 965 Notes.
F 968 Note 2 Discharge Of Firearm From Motor Vehicle (PC 12034): Whether “Permit” Is Unconstitutionally Vague
People v. Laster (1997) 52 CA4th 1450, 1467, held that the term “permit” as used in PC 12034 is not unconstitutionally vague because the defendant cannot be held criminally liable for failing to prevent the discharge unless the defendant had the knowledge, power and ability necessary to prevent it.
CALJIC NOTE: See FORECITE F 9.04 n3.
F 968 Note 3 Discharge Of Firearm From A Vehicle (PC 12034): Intent Required
People v. Laster (1997) 52 CA4th 1450, 1468-69, held that PC 12034 requires only a general criminal intent because the “permitting” of a discharge does not imply an intention that the firearm be discharged but only failing to prevent it when the defendant had the power and ability to do so.
CALJIC NOTE: See FORECITE F 9.04 n2.
F 968 Note 4 Assault With Firearm (PC 245(a)(2)) Is Not LIO Of Discharging Firearm From A Vehicle (PC 12034(c))
See People v. Licas (2007) 41 C4th 362 [disapproving In re Edward G. (2004) 124 CA4th 962].
