California, United States of America
The following excerpt is from People v. Wright, B245443, B250798 (Cal. App. 2014):
Shooting from a motor vehicle at a person is a general intent crime. (People v. Hernandez (2010) 181 Cal.App.4th 1494, 1500-1501 (Hernandez).) Its elements are "(1) acting willfully and maliciously, and (2) shooting from a motor vehicle at a person outside a motor vehicle." (Id. at p. 1501.) "'Conviction under a statute proscribing conduct done "willfully and maliciously" does not require proof of a specific intent. [Citation.]'" (Id. at p. 1500.) Instead, the defendant must merely intend to do the proscribed act. (Ibid.) "The fact subdivision (c) of section 12034 requires that the perpetrator shoot 'at' a particular target does not transform the crime into a specific intent offense." (Ibid.) "'[T]he act of shooting "at" a proscribed target'" is committed either when the defendant shoots directly at the proscribed target or "'when the defendant shoots in such close proximity to the target that he shows a conscious indifference to the probable consequence that one or more bullets will strike the target or persons in or around it. The defendant's conscious indifference to the probability that a shooting will
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achieve a particular result is inferred from the nature and circumstances of his act.'" (Id. at p. 1501.)
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