What is the test for using a firearm in the commission of an enumerated crime?

California, United States of America


The following excerpt is from People v. Bradshaw, F068007 (Cal. App. 2015):

Whether a defendant used or discharged a firearm in the commission of an enumerated offense is for the trier of fact to decide. (People v. Frausto, supra, 180 Cal.App.4th at pp. 896-897.) We review the sufficiency of the evidence to support an enhancement using the same standard we apply for conviction of the substantive offense. (Ibid.)

As we have explained, "a firearm is discharged 'in the commission of a felony within the meaning of section 12022.53 ... if the underlying felony and the discharge of the firearm are part of one continuous transaction .... Temporal niceties are not determinative and the discharge of a gun before, during, or after the felonious act may be sufficient if it can fairly be said that [it] was a part of a continuous transaction." (People v. Frausto, supra, 180 Cal.App.4th at p. 902.)

Other Questions


When an ex-felon commits a crime using a firearm and arrives at the scene already in possession of the firearm, does Section 654 of the Criminal Code bar assault with a firearm? (California, United States of America)
What is the test used to determine whether a defendant used a firearm in the commission of an enumerated offense? (California, United States of America)
Does the personal use of a firearm in the commission of a crime qualify as a violent felony? (California, United States of America)
Does section 12022.53(e)(2) of the California Criminal Code apply to a defendant who personally uses or discharges a firearm in the commission of a gang-related crime? (California, United States of America)
Can a jury use uncharged crime evidence to determine that defendant was more likely to have committed the charged crimes because he committed the uncharged crimes? (California, United States of America)
Can a felon in possession of a firearm be punished separately for the possession and the crime in which the felon used the firearm? (California, United States of America)
What is the test for establishing that appellant used both a knife and a firearm in the commission of the crimes? (California, United States of America)
Is a charge under section 12022.5 of the California Penal Code for possession of a firearm an allegation of firearm use included in a charge of a lesser included crime? (California, United States of America)
How have courts dealt with fact situations where a defendant is convicted of a double murder and sentence enhancement for use of a firearm in the commission of the crime? (California, United States of America)
Can a person encouraging or facilitating the commission of a crime be held criminally liable for any other crime that was a natural and probable consequence of the crime? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.