Does the Attorney General's argument that section 12022.5 imposes three separate firearm penalties for a single assault is inconsistent with the apparent objective of the statute?

California, United States of America


The following excerpt is from People v. Bush, 123 Cal.Rptr. 576, 50 Cal.App.3d 168 (Cal. App. 1975):

'The Attorney General's thesis, invoking three separate firearm penalties for a single occasion of firearm use, is inconsistent with the apparent objective of section 12022.5. A special deterrence against firearm use is its objective. The legislative theory is deterrence, whose power augments with each successive occasion. If the threat of a minimum five-year extension has failed to deter the first occasion of gun use, a second occasion may be deterred by doubling the threat, a third by tripling it. Thus the statute envisions a single application of deterrent force for each occasion, hopefully to deter gun use on a future occasion. Where, as here, a single judgment imposes sentences for several crimes committed upon a single occasion, only one finding under section 12022.5 is permissible.' (People v. Johnson, supra, 38 Cal.App.3d 1, 11--12, 112 Cal.Rptr. 834, 840.)

Other Questions


How has the Attorney General argued that defendant forfeited a challenge to fees imposed under section 1202.4, 1465.8 and Government Code section 70373? (California, United States of America)
Does the Attorney General have a valid argument that a prosecutor's argument in a sexual assault case was misconduct because it was inflammatory and sought to engender sympathy for the victim's son? (California, United States of America)
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (California, United States of America)
What is the state attorney general's argument that appellant committed a separate assault each time he slashed the victim? (California, United States of America)
How has the Attorney General argued that the sentences for each count of assault and assault against a defendant have to be evaluated separately? (California, United States of America)
When an ex-felon commits a crime using a firearm and arrives at the scene already in possession of the firearm, does Section 654 of the Criminal Code bar assault with a firearm? (California, United States of America)
Does section 1192.7(c)(7) of the California Three Strikes Act, or does the Attorney General's interpretation of section 667.5(c))(7(b)(7)? (California, United States of America)
What are the consequences of section 1170.1 of the California Criminal Code when a defendant is convicted of assault with a firearm in the commission of a single assault? (California, United States of America)
Does section 654 of the California Criminal Code bar separate punishment for the three attempted murders and the three firearm enhancements? (California, United States of America)
Does the Attorney General accept that the allegations of both counts of sexual assault constitute but a single substantive offense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.