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Name: People v.Smith
Case #: B189383
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 04/24/2007

Under the plain meaning of Penal Code section 12022, subdivision (b)(1), use of a deadly or dangerous weapon in the commission of a felony or attempted felony is prohibited, with the enhancement not being restricted to those cases where the weapon is used against a human being. Here the jury found true that appellant, out of spite, killed the dog of his one-time girlfriend by stabbing it with a knife. Appellant’s sentence for cruelty to animals was properly enhanced by the one year for use of a weapon. Use of a weapon is not an element of the offense cruelty to animals because, considered in the abstract, it is not an essential component of the crime. (People v. Hansen (1994) 9 Cal.4th 300, 317.)