Does section 12022.53, subdivision (e)(1) of the California Criminal Code apply to a defendant who intentionally discharges a firearm and proximately causes great bodily injury?

California, United States of America


The following excerpt is from People v. Ledesma, H045176 (Cal. App. 2019):

We find the language of section 12022.53 dispositive of defendant's claim. Section 12022.53, subdivision (d), specifically states that "[n]otwithstanding any other provision of law, any person who, in the commission of a felony specified in subdivision (a), Section 246, or subdivision (c) or (d) of Section 26100, 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 accomplish, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life."8 (Italics added.) Section 12022.53, subdivision (e)(1) imposes the enhancement under section 12022.53 on "aiders and abettors who commit crimes in participation of a criminal street gang." (People v. Garcia (2002) 28 Cal.4th 1166, 1171.)

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