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Name: People v. Rivera
Case #: G031469
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 12/29/2003
Subsequent History: None
Summary

Appellant was convicted of felony offenses for exhibiting a loaded firearm in violation of Penal Code section 417, subdivision (b). On appeal, he argued that the statutory provision he was found guilty of violating requires that the crime be committed on the grounds of a day care center, and since there was no evidence of this, those convictions had to be reversed. The appellate court here agreed that the convictions were invalid, but held that there was sufficient evidence to support misdemeanor convictions under Penal Code section 417, subdivision (a)(2)(B). The statute is ambiguous, but the legislative history shows that the intent of the Legislature was to require that the brandishing have occurred in a day care center before the more serious crime can be proved.