People v. Walker

Opinion

WRIGHT, C. J.

The primary question at issue on this appeal is whether a defendant must personally use a firearm in the commission of a charged felony if he is to be subjected to the increased penalties *236provided by Penal Code section 12022.5.1 We answer that question in the affirmative but as defendant was sentenced to a life term by virtue of the conviction of the charged offense, such term cannot be increased because of his use of a firearm in the commission of the charged crime.

Defendant John Earl Walker and Cindy Lou Young were charged with murder (§ 187); only defendant is alleged…