The Fifth Appellate District affirmed a judgment. In the published portion of its opinion, the court held that Penal Code §12034(c), which deals with discharging a firearm from a motor vehicle at another person, is not a specific intent offense.
Daniel Hernandez was tried by a jury as an aider and abettor on charges that included murder committed by an active participant in a criminal street gang, carried out to further the activities of the gang, and perpetrated by means of discharging a firearm from a motor vehicle.
