What is the effect of section 12022.53 of the California Criminal Code on the sentence of an aider and abettor who is convicted of an attempted murder?

California, United States of America


The following excerpt is from People v. Eudave, F071096, F071119 (Cal. App. 2017):

As the appellate court explained in People v. Hernandez (2005) 134 Cal.App.4th 474, 480: "Section 12022.53, subdivisions (d) and (e)(1)(B) when read together require the trial court to impose a consecutive 25-years-to-life sentence enhancement when a defendant is convicted of [attempted] murder for the benefit of a criminal street gang and '[a]ny principal in the offense' 'personally and intentionally discharges a firearm and . . . causes [great bodily injury], to any person other than an accomplice.' (Italics added.) Under this sentencing regime an aider and abettor who is found guilty of [attempted] murder is subject to the 25 years to life enhancement even though he or she did not personally and intentionally discharge a firearm causing [great bodily injury] if the [attempted] murder was committed for the benefit of a criminal street gang and 'any

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