Does section 12022.53 of the California Criminal Code apply to the crime of shooting at a moving vehicle?

California, United States of America


The following excerpt is from People v. Phipps, E065254 (Cal. App. 2019):

Section 12022.53, which applies directly to murder and attempted murder (id. at subd. (a)(1), (18)) and, through the "principal" gang and firearm enhancements, applies to the crime of shooting at an occupied motor vehicle (see People v. Jones (2009) 47 Cal.4th 566, 572-579), provides for graduated sentencing enhancements for the use of a firearm in the commission of specified crimes. If applicable, section 12022.53 mandates an additional sentence of 10 years in state prison if the defendant personally used a firearm (id. at subd. (b)), 20 years in state prison if he personally and intentionally discharged a firearm (id. at subd. (c)), and 25 years to life in state prison if he personally and intentionally discharged a firearm, and proximately caused great bodily injury (id. at subd. (d)).

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