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Name: People v. Gonzales
Case #: B137494
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 02/13/2001
Subsequent History: modif. of opn. on den. of rehg. 87 Cal.App.4th 1378a; rev. den. 6/20/01
Summary

Penal Code section 12022.53, which allowed imposition of a life sentence because the murder was committed with a firearm, is not unconstitutional as applied to aiders and abettors. The only requirement of an aider and abettor is that he intended to facilitate the target offense and that the offense ultimately committed was a natural and probable consequence of the target offense. The vicarious use of the firearm was intended to be included under section 12022.53, and did not constitute disproportionate punishment, nor the imposition of cruel and unusual punishment.