Is the crime of carrying a loaded firearm a continuing offense that did not end when appellant drew and fired the weapon?

In contrast, as respondent points out, the crime of carrying a loaded firearm is a continuing offense that did not end when appellant drew and fired the weapon. "The concept of a continuing offense is well established. For present purposes, it may be formulated in the following terms: 'Ordinarily, a continuing offense is marked by a continuing duty in the defendant to do an act which he fails to do. The offense continues as long as the duty persists, and there is a failure to perform that duty.' [Citations.] Thus, when the law imposes an affirmative obligation to act, the violation is complete at the first instance the elements are met. It is nevertheless not completed as long as the obligation remains unfulfilled." (Wright v. Superior Court (1997) 15 Cal.4th 521, 525-526.)

Accordingly, the enhancement for great bodily injury was properly imposed in the present case because at the time appellant inflicted injury the offense of carrying a loaded weapon in public was continuing; the injury was inflicted in the commission of that firearm offense. (See People v. Elder (2014) 227 Cal.App.4th 411, 426 [distinguishing Arzate where inury inflicted after completion of assault but in part of continuous incident].)⁵

III. No Remand for Ability to Pay Determination