People v. Vasquez

Opinion

HUFFMAN, J.

In this case, we conclude Apolonio Jose Vasquez is entitled to reversal of his enhancement findings based on his being armed with and using a “firearm” (Pen. Code, 1 §§ 12022, subd. (a), 12022.5, subd. (a)) as defined under section 12001.1. Although the crimes underlying his second degree robbery convictions (§ 211) occurred in 1990, section 12001.1, operative at that time, has been repealed, changing the legal definition of “firearm” to Vasquez’s benefit. Because the term “firearm” no longer includes “any instrument which expels a metallic projectile, such as a BB or a…