California, United States of America
The following excerpt is from People v. Young, A134248 (Cal. App. 2014):
perpetrated by means of shooting a firearm from a motor vehicle intentionally at another person outside the vehicle with the intent to inflict great bodily injury pursuant to [Penal Code] section 190(d)." Section 190, subdivision (d), is a penalty provision that focuses on the manner of killing and imposes an additional five years to the usual 15-year base term for second degree murder.6 The provision acts as an enhancement rather than a new offense. (People v. Garcia (1998) 63 Cal.App.4th 820, 827-829.)
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