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

Page 43

Other Questions


Is a defendant who commits a violent crime against several victims more culpable than a violent offender who commits violent crimes against one person more than one? (California, United States of America)
Is a person who aids or abets a crime liable for the crime if the original crime was committed independently by another person? (California, United States of America)
Does section 12022 of the California Criminal Code apply to a person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony? (California, United States of America)
What is the difference between finding that a principal in the commission of a felony and finding that one or more principals in the crime was personally armed with a firearm? (California, United States of America)
Is a person who aids and abets the commission of a crime considered a principal in the crime? (California, United States of America)
What is the test for a person convicted of a murder committed for the benefit of a criminal street gang and who discharged a firearm in the commission of the crime? (California, United States of America)
Does section 12022, subdivision (a)(1) of the California Criminal Code apply to a defendant who is "armed with a firearm in the commission or attempted commission of a felony"? (California, United States of America)
Can a person be found liable as an aider and abettor of a crime if they were "concerned" in the commission of the crime? (California, United States of America)
Is a person who aids and abets the commission of a crime a "principal" in the crime? (California, United States of America)
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)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.