California Court of Appeal

It is logically inconsistent to inflict great bodily injury and use a gun "in the commission" of the static offense of carrying a concealed weapon in a vehicle, thus the gun use enhancement imposed per Penal Code section 12022.5(a) is stricken.

Appellate Information

• Decided 12/15/2003
• Published 12/15/2003

Judges

• JOHNSON, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Brett Harding Duxbury, under appointment by the Court of Appeal, Montrose, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Chung L. Mar and Corey J. Robins, Deputy Attorneys General, for Plaintiff and Respondent.