Lenity: rule of lenity: Penal
Code section 246 (section 246) makes it unlawful for any person to maliciously
and willfully discharge a firearm at an occupied motor vehicle. In this case, defendant was convicted of violating
section 246 by standing outside his truck and shooting Jose Valadez, a
passenger. Defendant argues 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. According to defendant, “what
matters under section 246 is what the shooting is ‘at,’ a determination that
depends on the location of the discharge (the tip of the gun), not the location
of the shooter.” The Court of Appeal
decided this was a reasonable construction of section 246 and invoked the rule
of lenity to reverse defendant’s conviction for shooting at an occupied
vehicle.
Although we agree that the statutory text alone is
susceptible of more than one interpretation, including an interpretation
favoring defendant, reliable extrinsic aids to statutory construction convince
us 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 has
crossed the plane of the vehicle.
Because we can discern the Legislature’s intent in enacting section 246,
there is no need to invoke the rule of lenity as “a tie-breaking principle” in
this case. (Lexin v. Superior Court (2010) 47 Cal.4th 1050, 1102, fn. 30.) We therefore reverse the judgment of the Court
of Appeal insofar as it reversed defendant’s section 246 conviction and the
accompanying true findings on the firearm and great bodily injury allegations (Cal.
S. Ct., 08.03.12, P. v. Manzo, S191400).
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