Does section 12022, subdivision (a)(1) of the California Criminal Code apply to a defendant who is "armed with a firearm in the commission or attempted commission of a felony"?
California, United States of America
The following excerpt is from People v. Paul, 18 Cal.4th 698, 76 Cal.Rptr.2d 660, 958 P.2d 412 (Cal. 1998):
[18 Cal.4th 706] Section 12022, subdivision (a)(1), provides for a one-year enhancement of sentence for "any person who is armed with a firearm in the commission or attempted commission of a felony," and provides that the enhancement "shall apply to any person who is a principal in the commission or attempted commission of a felony if one or more of the principals is armed with a firearm, whether or not such person is personally armed with a firearm." In other words, a defendant is "armed with a firearm" within the meaning of this subdivision if he or she participates as a principal in a crime in which one or more principals is armed. (See People v. Federico (1981) 127 Cal.App.3d 20, 31, 179 Cal.Rptr. 315.) 5
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
