What is the test for a charge of recklessly discharge a firearm from a motor vehicle with intent to cause great bodily injury?

California, United States of America


The following excerpt is from People v. Nusser, E060276 (Cal. App. 2015):

Defendant argues that there are, in fact, a handful of offenses and enhancements that require an intent to cause great bodily injury. (Pen. Code, 588a [felonious deposit of an injurious substance on a highway], 600, subd. (d) [enhancement for intentionally causing great bodily injury to a person while maliciously harming a police dog or horse], 12022.55 [enhancement for discharging a firearm from a motor vehicle with the intent to cause great bodily injury or death].)4 However, this is beside the point. What matters is that there is no offense or enhancement based on "the mere intent to cause great bodily injury to another person," i.e., without more. (People v. Blakely, supra, 225 Cal.App.4th at p. 1059, italics added.)

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