How have courts interpreted rule 428(b)(4) of the Criminal Code in the context of personal firearm use enhancement?

California, United States of America


The following excerpt is from People v. Garcia, 32 Cal.App.4th 1756, 39 Cal.Rptr.2d 73 (Cal. App. 1995):

We construed rule 428(b) in People v. Edwards (1993) 13 Cal.App.4th 75, 16 Cal.Rptr.2d 572. There, after the defendant shot his girlfriend, he pleaded guilty to assault with a firearm and admitted a personal firearm use enhancement allegation. (Id., at p. 77, 16 Cal.Rptr.2d 572.) The trial court sentenced the defendant to the upper term on the enhancement, based on the fact that he had been on probation at the time of the offense (see rule 421(b)(4)). (Id., at p. 78, 16 Cal.Rptr.2d 572.) We began by noting that "in respect to sentencing a defendant for the crime of which he was convicted, ... rule 421[ ] subdivides aggravating circumstances into two categories: facts relating to the crime and facts relating to the defendant. Aggravating circumstances arising from facts relating to the crime are found in rule 421(a) and aggravating facts relating to the defendant are found in rule 421(b). [p] We believe it is proper to analyze the meaning of 'circumstances in aggravation that relate directly to the fact giving rise to the enhancement' by applying this distinction that has been made in ... rule 421 between facts relating to the crime and those relating to the defendant." (Id., at pp. 78-79, 16 Cal.Rptr.2d 572, fn. omitted.) We concluded that an aggravating factor used to impose the upper term on an enhancement "must relate to the commission of the act constituting the alleged enhancement, not to the defendant personally." (Id., at p. 79, 16 Cal.Rptr.2d 572.)

Other Questions


Does section 186.22.22, subdivision (b)(4)(4) of the California Criminal Code apply to a person who, in the commission of a felony, personally and intentionally discharges a firearm while participating in a criminal street gang? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
How have the courts interpreted section 136.1 of the California Criminal Code in the context of subdivision (b)(1)? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code for possession of a firearm and the possession of ammunition in a firearm? (California, United States of America)
How have courts interpreted section 17, subdivision (b)(3) of the California Criminal Code to preclude imposition of a sentencing enhancement based on a prior "wobbler" conviction? (California, United States of America)
How has section 667.5(b) of the California Criminal Code been interpreted and interpreted by the courts? (California, United States of America)
Does Section 186.22, subdivision (b)(1)(1) of the California Criminal Code apply to a person convicted of a criminal street crime committed for the benefit of, at the direction of, or in association with any criminal street gang? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
In what circumstances will a court allow a defendant to appeal against his conviction for possession of a firearm and possession of an unregistered firearm pursuant to section 186.22(b)(1) of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.