Can a defendant be convicted of assault with intent to murder under section 12022.53 of the California Criminal Code?

California, United States of America

The following excerpt is from People v. Lemus, E062798 (Cal. App. 2016):

Here, defendant was additionally charged with the firearm enhancement pursuant to section 12022.53, subdivision (d). Section 12022.53, subdivision (d), requires imposition of an additional, consecutive 25-years-to-life term when the defendant "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 accomplice . . . ." ( 12022.53, subd. (d); People v. Garcia (2010) 28 Cal.4th 1166, 1171.)

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