Is there any case law where the prosecutor did not allege that defendant personally used a firearm as to count 1, attempted murder?
California, United States of America
The following excerpt is from People v. Alvarado, G047782 (Cal. App. 2014):
Here, it is true the prosecutor did not allege Alvarado personally used a firearm as to count 1, attempted murder. But the prosecutor did allege, the trial court properly instructed on, and the jury found Alvarado personally used a firearm as to count 2, assault with a firearm. People v. Riva (2003) 112 Cal.App.4th 981 (Riva), is instructive.
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