California Court of Appeal

Petition for writ of prohibition challenging denial of petitioner's motion to dismiss an enhancement allegation he "used" a firearm in the commission of a burglary is granted as: 1) the evidence adduced at the preliminary hearing failed to show any conduct to suggest he employed the firearm as an aid to commit the offense; and 2) the evidence of passive exposure of the firearm is insufficient to elevate his activity from mere "arming" to "use."

Appellate Information

• Decided 01/16/2007
• Published 01/16/2007

Judges

• JOHNSON, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael P. Judge, Public Defender of Los Angeles County, Albert J. Menaster, Lesley Gordon and Mark G. Harvis, Deputy Public Defenders, for Petitioner., Steve Cooley, District Attorney of Los Angeles County, William Woods and Tracey Lopez, Deputy District Attorneys, for Real Party in Interest.


• For Appellees:
  
• No appearance by respondent.