What is the effect of section 12022(b)(1) of the California Criminal Code on a person who personally uses a deadly or dangerous weapon in the commission of a felony?
California, United States of America
The following excerpt is from People v. Landry, 2 Cal.5th 52, 211 Cal.Rptr.3d 160, 385 P.3d 327 (Cal. 2016):
At the time of trial, section 12022(b)(1) stated: "Any person who personally uses a deadly or dangerous weapon in the commission or attempted commission of a felony shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one year, unless use of a deadly or dangerous weapon is an element of the offense of which he or she was convicted ." (Italics added.) As a general rule, "[t]he phrase element of the offense signifies an essential component of the legal definition of the crime, considered in the abstract." (People v. Hansen (1994) 9 Cal.4th 300, 317, 36 Cal.Rptr.2d 609, 885 P.2d 1022, italics omitted, overruled on another ground in
[385 P.3d 384]
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