What is the effect of a legislative conclusion that a person who actually discharged a firearm from a motor vehicle from a vehicle is liable for the underlying crime?
California, United States of America
The following excerpt is from Jose D., In re, 219 Cal.App.3d 582, 268 Cal.Rptr. 364 (Cal. App. 1990):
[219 Cal.App.3d 588] A statute should not be interpreted in a manner leading to absurd results (People v. Fulton (1984) 155 Cal.App.3d 91, 102, 201 Cal.Rptr. 879), but there is nothing absurd in a legislative conclusion that the person who actually discharged a firearm from a motor vehicle should receive a greater punishment than aiders and abettors who are liable for the underlying offense itself.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a driver or owner of a vehicle be held criminally liable for allowing another person to discharge a firearm from the vehicle? (California, United States of America)
In what circumstances will section 246 of the Criminal Code prohibit the discharge of a firearm within a motor vehicle by a person standing outside the periphery of the vehicle? (California, United States of America)
What is the impact of former California Department of Motor Vehicles legislation on motor vehicle legislation? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
What is the test for determining whether a defendant is liable for a motor vehicle accident under the California Vehicle Accident Act or the California Motor Vehicle Act? (California, United States of America)
Does a firearm enhancement apply to the crime of discharging a firearm at a moving vehicle? (California, United States of America)
Is a motor vehicle owner liable for negligence upon permitting a defective vehicle to be driven by another vehicle? (California, United States of America)
Under what circumstances will a person be held liable for aiding and abetting a motor vehicle crime? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
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)
