Stepney

Appellant, Willie Stepney, was convicted of a violation of Penal Code section 246 which prohibits discharging a fire arm at an inhabited dwelling. He contends and we agree that shooting a firearm inside of an inhabited dwelling, and more particularly shooting a television set inside such a dwelling, is not proscribed by that statute.

Carmen Posey, her two young children, and her friend Errol Walker lived together at a home in San Pablo. One evening, when Walker was not at home, appellant Willie Stepney and two other men arrived, looking for him. When Carmen did not let them in, appellant began kicking at the door. Carmen went to call police, and appellant apparently climbed in through a window. Armed with a gun, he asked for “his money,” which he claimed Walker owed him.

Appellant told Carmen, “This is syndicate business and we are not playing any games.” He then fired a bullet into the television set. Appellant denied going to Carmen’s home and denied shooting the television set.

Based upon the evidence that appellant stood in Posey’s living room and shot her television set, appellant was convicted of violating Penal Code section 246.

Penal Code section 246 provides…