Does section 189 of the California Criminal Code apply to a defendant who discharges a firearm from a motor vehicle?

In sum, we conclude section 189 unambiguously applies to a defendant who discharges a firearm from a motor vehicle, regardless of whether or not it can be said the shooter was "in" or "inside" the motor vehicle. Even assuming any ambiguity, "[t]he legislative history, the purpose of the statute, general public policy concerns, and logic all favor an interpretation" of the term "motor vehicle," as used in section 189, to include a motorized all terrain vehicle. (People v. Manzo (2012) 53 Cal.4th 880, 889.) Consequently, the trial court's instruction to the jury is a correct statement of the law. Accordingly, defendant's claim of error fails.¹¹

Page 13