Does Section 12022.53, subdivision (d) of the California Criminal Code apply to a defendant who intentionally discharges a firearm and proximately causes great bodily injury to the victim?
California, United States of America
The following excerpt is from People v. Pineda, H043411 (Cal. App. 2018):
Section 12022.53 "was enacted in 1997 to substantially increase the penalties for using firearms in the commission of enumerated felonies," including murder. (People v. Palmer (2005) 133 Cal.App.4th 1141, 1148-1149.) Section 12022.53, subdivision (d) requires imposition of an additional, consecutive 25-year-to-life sentence when a defendant "personally and intentionally discharges a firearm and proximately causes great bodily injury, as defined in Section 12022.7, or death, to any person other than an accomplice." ( 12022.53, subd. (d).) Thus, the 25-year-to-life sentence is inapplicable if the victim of the crime was also an accomplice to the crime he or she and
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the defendant intended to commit. (People v. Flores (2005) 129 Cal.App.4th 174, 182.) Section 12022.53, subdivision (e)(1) states that "[t]he enhancements provided in this section shall apply to any person who is a principal in the commission of an offense if both of the following are pled and proved: [] (A) The person violated subdivision (b) of Section 186.22."
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