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Name: People v. Grandy
Case #: B186687
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 10/24/2006
Summary

Following a carjacking, Grandy was stopped by a police officers who held him at gunpoint. Grandy pointed the gun in the officer’s direction, and then disappeared from sight. There was an exchange of gunfire before Grandy was arrested. The stolen car had fourteen bullet holes in it, which came from outside the vehicle. A torn cartridge case was recovered from Grandy’s gun, and a bullet from its barrel. A firearms expert testified that the bullet exploded but did not propel out of the gun. Grandy was convicted of numerous offenses, including an allegation of personal discharge of a firearm in violation of Penal Code section 12022.53, subdivision (c). On appeal, he contended that the trial court improperly denied his motion for judgment of acquittal regarding the assault on the arresting deputy, and the accompanying firearm allegation. In the published portion of the opinion, the appellate court rejected his argument, holding that a defendant who aims a gun and pulls its trigger, thereby causing an explosion in its firing chamber has discharged the gun within the meaning of the statute. Since the evidence supported an inference that Grandy raised his weapon and pulled the trigger, he discharged his firearm.