How have courts interpreted a defendant's guilty plea to a violation of section 245, subdivision (a)(1) of the Penal Code?

California, United States of America


The following excerpt is from People v. Cortez, 73 Cal.App.4th 276, 86 Cal.Rptr.2d 234 (Cal. App. 1999):

Rodriguez also held that the defendant's guilty plea to a violation of Penal Code section 245, subdivision (a)(1), was insufficient evidence that the defendant "personally use[d] a firearm " within the meaning of Penal Code section 1192.7, subdivision (c)(8). (People v. Rodriguez, supra, 17 Cal.4th at pp. 261-262, 70 Cal.Rptr.2d 334, 949 P.2d 31.) The evidence was insufficient because "... one may aid and abet the assault without personally inflicting great bodily harm or using a firearm." (Id. at p. 261, 70 Cal.Rptr.2d 334, 949 P.2d 31, second italics added.)

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