People v. Smit
224 Cal. App. 4th 977
| Cal. Ct. App. | 2014Background
- Defendant Nicholas J. Smit was charged with drug offenses carrying up to 11 years in state prison and with multiple attempted murder counts against Detective Charles Johnson.
- Defendant attempted to kill Johnson using boobytraps: panji boards with nails and feces-like substance, zip guns, and a rocket targeting Johnson’s patrol location.
- Panji boards were placed outside Johnson’s vehicle, his wife’s and his son’s vehicles, and other related evidence tied to the planned attacks.
- Police recovered drugs, money, a Browning .22 pistol, ammunition, scales, and other paraphernalia at defendant’s residence; DNA evidence linked to defendant was later found on zip guns.
- A jury convicted on the drug counts and four counts of attempted murder; defendant was sentenced to four consecutive life terms plus over 40 years in prison.
- The trial court and appellate court addressed whether the zip guns and boobytrap devices constituted personal use of a firearm under Penal Code 12022.53.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the panji-board boobytraps support count six. | People contends evidence tied defendant to boobytraps. | Smit argues insufficient connection to him. | Yes; substantial evidence links defendant to the panji boards and related devices. |
| Whether defendant personally used a firearm under 12022.53 for the zip-gun attacks. | People argues use included boobytrap-enabled discharge. | Smit contends no personal use since weapon could fire remotely. | Yes; zip guns used to execute the attempts qualify as personal use of a firearm. |
Key Cases Cited
- People v. Chambers, 7 Cal.3d 666 (Cal. 1972) (definition of ‘use’ of a firearm for enhancements; broad construction)
- People v. Jacobs, 193 Cal.App.3d 375 (Cal. App. 3d 1987) (gun use can include menacing exposure or instrumental use)
- People v. Johnson, 38 Cal.App.3d 1 (Cal. App. 1974) (use of firearm includes instrumental use to carry out a purpose)
- Alvarado v. Superior Court, 146 Cal.App.4th 993 (Cal. App. 2007) (context for firearm-use determinations in enhancements)
- Fields v. United States, 228 F.2d 544 (4th Cir. 1955) (rope-like circumstantial evidence linking strands to guilt)