California Court of Appeal

Under Penal Code section 12022.53(b)(e)(1), a sentence enhancement for personally discharging a firearm, the jury must determine the actual person who fired the gun and cannot impute the discharge to co-defendants.

Appellate Information

• Decided 06/11/2001
• Published 06/11/2001

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Carl Fabian, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant Robert Charles Tillett., Shulman, Shulman & Siegel and Corinne S. Shulman, Hydesville, under appointment by the Court of Appeal, for Defendant and Appellant Ron Simmons., Terrence Verson Scott, Los Angeles, under appointment by the Court of Appeal, for Defendant and Appellant Edwin Kizzee., Stuart A. Skelton, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant Tramaine Howard Cooper., Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Esteban Hernandez and Maxine P. Cutler, Deputy Attorneys General, for Plaintiff and Respondent.