California Court of Appeal

CALJIC No. 17.15 is an improper statement of law since it allows a jury to find the "arming" sentence enhancement true without regard to whether there was a "facilitative nexus" between the presence of a firearm and the underlying offense.

Appellate Information

• Decided 11/14/2005
• Published 11/14/2005

Judges

• GEMELLO, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney, General Gerald A. Engler, Senior Assistant Attorney General, Catherine A. Rivlin, Supervising Deputy Attorney General, Christina Vom Saal and Gregg Zywicke, Deputy Attorneys General, for Plaintiff and Respondent., Riordan & Horgan, Dennis P. Riordan and Donald M. Horgan, San Francisco, for Defendant and Appellant.