People v. Leslie

In People v. Leslie (1996) 47 Cal.App.4th 198, the Court concluded that the offense of grossly negligent discharge of a firearm in violation of section 246.3 is a serious felony under section 1192.7, subdivision (c)(8). Although the Court did not specifically indicate in Leslie that a violation of section 246.3 is a serious felony only where the defendant personally uses the firearm, we assumed as much, observing that at the time of his plea in the section 246.3 matter, the defendant had not been asked whether or not he had personally used a firearm, but concluding that the offense was properly found to be a serious felony in view of the defendant's admission at the time of the current proceeding that he had personally used a firearm in the section 246.3 violation. ( People v. Leslie, supra, at pp. 203, 205.)