(a)Any person who, during the commission or attempted commission of a felony, furnishes or offers to furnish a firearm to another for the purpose of aiding, abetting, or enabling that person or any other person to commit a felony shall, in addition and consecutive to the punishment prescribed by the felony or attempted felony of which the person has been convicted, be punished by an additional term of one, two, or three years in the state prison. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence. The additional term provided in this section shall not be imposed unless the fact of the
furnishing is charged in the accusatory pleading and admitted or found to be true by the trier
of fact.
(b)This section shall become operative on January 1, 2022.
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 1991–2022 · leading case:
People v. Heston, 1 Cal. App. 4th 471 (Cal. Ct. App. 1991).
People v. Heston, 1 Cal. App. 4th 471 (Cal. Ct. App. 1991).
“Penal Code section 12022.4 † provides in pertinent part: “Any person who, during the commission or attempted commission of a felony, furnishes or offers to furnish a firearm to another for the purpose of aiding, abetting, or enabling that person or any other person to commit a…”
People v. Avalos CA5 (Cal. Ct. App. 2020).
“In addition, Cervando’s firearm enhancements found true under Penal Code section 12022.4, subdivision (a), in counts 19 and 163 must be reversed for insufficient evidence.”
In re Watson CA2/5 (Cal. Ct. App. 2022).
“He also admitted, for purposes of an alleged sentencing enhancement, that he personally used a firearm in the commission of the assault (Pen. Code, § 12022.4, subd. (a)). The trial court sentenced petitioner to eight years in prison, calculated as two years for the assault…”
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