What is the test for both grossly negligent discharge of a firearm and attempted murder?

California, United States of America


The following excerpt is from People v. Garcia, 32 Cal.App.4th 1756, 39 Cal.Rptr.2d 73 (Cal. App. 1995):

Later cases have consistently followed Masters. (People v. Higareda (1994) 24 Cal.App.4th 1399, 1413, 29 Cal.Rptr.2d 763 [defendant robbed two of three people in car, then fired at car; punishment for both grossly negligent discharge of firearm and robbery upheld: third person in car "was not a robbery victim and appellant may be separately punished for endangering her by his violent crime."]; People v. Gutierrez (1992) 10 Cal.App.4th 1729, 1736-1737, 13 Cal.Rptr.2d 464 [defendant fired at car occupied by four people, striking one; punishment for both shooting at occupied motor vehicle and attempted murder upheld: "the defendant's act was likely to cause harm to all four

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