What is the standard for a jury to convict a person who intentionally fires a firearm from a motor vehicle at another vehicle passenger?

California, United States of America


The following excerpt is from People v. Fellows, B280629 (Cal. App. 2018):

rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' [Citation.] In so doing, a reviewing court 'presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence.' [Citation.] 'This standard applies whether direct or circumstantial evidence is involved.' [Citation.]" (People v. Avila (2009) 46 Cal.4th 680, 701.)

B. Section 26100

Section 26100, subdivision (c), provides: "Any person who willfully and maliciously discharges a firearm from a motor vehicle at another person other than an occupant of a motor vehicle is guilty of a felony." " 'Conviction under a statute proscribing conduct done "willfully and maliciously" does not require proof of a specific intent. [Citation.]' " (People v. Rodarte (2014) 223 Cal.App.4th 1158, 1168.) Such an offense requires only the general intent of a " ' "purpose or willingness to do the act or omission." ' " (Ibid.)

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