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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