Cal. Codes » Penal Code / PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS / TITLE 2. SENTENCE ENHANCEMENTS
California Codes

Cal. Penal Code § 12022.55 (2026)

✓ current as of May 2026
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Notwithstanding Section 12022.5, any person who, with the intent to inflict great bodily injury or death, inflicts great bodily injury, as defined in Section 12022.7, or causes the death of a person, other than an occupant of a motor vehicle, as a result of discharging a firearm from a motor vehicle in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1992–2022 · leading case: People v. Myers, 97 Cal. Daily Op. Serv. 9460 (Cal. Ct. App. 1997).
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People v. Myers, 97 Cal. Daily Op. Serv. 9460 (Cal. Ct. App. 1997). · cites it 3× “) Unlike Penal Code section 12022.5, which focuses on a defendant’s use of a firearm, Penal Code section 12022.”
People v. Jovan B., 863 P.2d 673 (Cal. 1993). “enhancement expressly included in the aggregate-sentence formula to which Welfare and Institutions Code section 726 refers; it is among the few considered so serious that it must apply in full to a consecutive sentence even when attached to a subordinate offense.”
People v. Alvarez, 92 Cal. Daily Op. Serv. 7550 (Cal. Ct. App. 1992). “7, or causes the death of a person, other than an occupant of a motor vehicle, as a result of discharging a firearm from a motor vehicle in the commission of a felony or attempted felony, shall, upon conviction of the felony or attempted felony, in addition and consecutive to…”
People v. Williams, 93 Cal. Daily Op. Serv. 2225 (Cal. Ct. App. 1993). · cites it 3× “(a)), with findings that he had inflicted great bodily injury on the victim as a result of discharging a firearm from a motor vehicle (Pen. Code, § 12022.55). The attempted murders occurred during a gang-related drive-by shooting.”
YOKELY v. Hedgepeth, 801 F. Supp. 2d 925 (C.D. Cal. 2011). “The jury also found true the allegation that Petitioner personally inflicted great bodily injury by discharging a firearm from a motor vehicle ( Cal. Penal Code § 12022.55 ) as to counts one and four.”
People v. Cooks CA2/1 (Cal. Ct. App. 2022). · cites it 2× “, with the intent to do so, inflicted great bodily injury and death upon Yvonne Edna Walters as a result of discharging a firearm from a motor vehicle in violation of Penal Code section 12022.55.” As to the attempted murder count, the jury found true “the allegation that the…”
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