People v. Granado

Opinion

LAMBDEN, J.

Penal Code section 12022.5, subdivision (a), 1 imposes a sentence enhancement on any person who “personally uses a firearm in the commission or attempted commission of a felony.” Does this “use enhancement” apply to a defendant who displays a handgun during the attempted robbery of two people, but who neither discharges the gun, nor points it at the victims, nor utters any verbal threats? What is the legal effect of such a display if one of the victims does not see the gun or otherwise know of its presence? Although a few courts have suggested the enhancement will not lie in…