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Name: People v. Howard
Case #: B152875
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 07/15/2002
Subsequent History: None
Summary

Howard was convicted of exhibiting a firearm in the presence of an occupant of a motor vehicle, in violation of Penal Code section 417.3. That statute requires that the victim be an occupant of a motor vehicle “proceeding on a public street or highway.” Here, the victim’s vehicle was fully stopped, inoperative, and incapable of moving in any manner. Therefore, the appellate court here vacated the conviction and directed the trial court to enter a new judgment for violation of section 417, brandishing a weapon in the presence of another person.