ALVAKADO v. Superior Court

Opinion

JOHNSON, J.

Petitioner seeks an order directing the trial court to grant his motion to dismiss an enhancement allegation he “used” a firearm in the commission of a burglary. He agrees the evidence produced at the preliminary hearing showed he was armed during the offense. However, he claims the evidence was insufficient as a matter of law to show he had used the firearm within the meaning of Penal Code section 12022.5, subdivision (a). Accordingly, petitioner seeks extraordinary relief to prohibit a trial on the firearm use allegation. We agree the evidence adduced at the preliminary…