[Download] "People V. Piper" by Supreme Court Of California # Book PDF Kindle ePub Free
eBook details
- Title: People V. Piper
- Author : Supreme Court Of California
- Release Date : January 21, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This case, like People v. Equarte, ante, page 456 [229 Cal. Rptr. 116, 722 P.2d 890], requires us to determine the proper interpretation of the "serious felony" provisions of Penal Code sections 667 and 1192.7, subdivision (c) as applied to an offense that is not expressly listed by name in the statutes.*fn1 The question here is whether the trial court properly imposed a separate, additional five-year enhancement on the basis of defendant's prior conviction of shooting at an occupied vehicle (§ 246). We hold that the offense of shooting at an occupied vehicle may constitute a "serious felony" under the two categories of section 1192.7, subdivision (c) which define "serious felony" to include "any felony" in which the defendant uses a firearm or a dangerous or deadly weapon (§ 1192.7, subds. (c)(8), (c)(23)), provided it is established that the defendant personally used a firearm or a dangerous or deadly weapon in the commission of the offense. Because "personal use" was not an element of defendant's prior conviction and because under our recent decision in People v. Jackson (1985) 37 Cal. 3d 826, 836 [210 Cal. Rptr. 623, 694 P.2d 736], the prosecution may not go behind the prior conviction to prove additional facts, we conclude that the five-year enhancement attributable to the conviction should be reversed.