California, United States of America
The following excerpt is from People v. Aldrete, E058885 (Cal. App. 2015):
We apply the abuse of discretion standard of review. (People v. Carmony (2004) 33 Cal.4th 367, 374.) Former section 246.3 provided, "[A]ny person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in the county jail not exceeding one year, or by imprisonment in the state prison." Section 1192.7, subdivision (c)(8) includes as a violent felony "any felony in which the defendant personally uses a firearm." If a person is convicted of violating section 246.3 as an aider and abettor, then that conviction would not constitute a strike because the
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