Does section 12022.5, subdivision (b) of the California Criminal Code apply to a defendant found to have "personally use" a firearm during the commission of a felony?

California, United States of America


The following excerpt is from People v. Sumlin, B282873 (Cal. App. 2018):

Sections 12022.5 and 12022.53 provide distinct sentencing enhancements for a defendant found to have "personally use[d] a firearm" during the commission of a felony. Section 12022.5, subdivision (a), provides for a sentence enhancement of three, four or 10 years for personal use of a firearm during the commission of any felony. Section 12022.53, subdivision (b), provides for a 10-year enhancement for personal use of a firearm during specific enumerated felonies. Assault with a firearm, except for assault with a firearm on a peace officer or firefighter, is not one of the felonies to which section 12022.53 applies. (See 12022.53, subd. (a).) For either enhancement to apply, "the requisite facts must be alleged in the information or indictment, and defendant must admit those facts or the trier of fact must find them to be true." (People v. Gonzalez (2008) 43 Cal.4th 1118, 1124-1125.) Although section 12022.53, subdivision (b), applies to a narrower class of felonies than section 12022.5, the factual

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