People v. Masbruch

Opinion

CHIN, J.

We here determine the applicability of enhancements under Penal Code section 12022.3, subdivision (a) (§ 12022.3(a)),1 for “use[]” of a firearm “in the commission of’ a crime, to sex offenses that a defendant commits after initially displaying a firearm. This issue has divided the Courts of Appeal. We conclude that the Court of Appeal here properly found that defendant used a firearm in the commission of rape and sodomy. We therefore affirm the judgment of the Court of Appeal.

I. Facts and Procedural Background

Mary K. and her mother, Marietta K., lived in an apartment complex in…