Does the personal use of a firearm in the commission of a crime qualify as a violent felony?

California, United States of America


The following excerpt is from People v. Gonzalez, B289059 (Cal. App. 2019):

In accordance with section 1170.1, subdivision (f), when a crime qualifies as a violent felony solely because the defendant personally used a firearm in the commission of that felony, the personal-use finding will support either a firearm enhancement or a violent-felony gang enhancement, but not both. (People v. Rodriguez (2009) 47 Cal.4th 501, 508-509 (Rodriguez).) As it was the use of a firearm that made defendants' crime a violent felony for purposes of section 186.22, subdivision (b)(1)(C), the gang

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