Is a defendant who is armed with a firearm in the commission of a specified crime entitled to an enhanced sentence under section 12022.5(a) of the California Criminal Code?

California, United States of America

The following excerpt is from People v. Steele, A150190 (Cal. App. 2018):

Appellant seeks strength from the fact that he cannot find published authority rejecting his theory that the "in the commission of requirement in section 12022.5(a) requires a jury finding that the defendant's personal gun use facilitated the completion of the felony. We conclude that this theory is inconsistent with People v. Pitto (2008) 43 Cal.4th 228 (Pitto), which addressed parallel language in section 12022, a sentence enhancement for people who are armed with a firearm "in the commission of" specified crimes.

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