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PEOPLE v. MASBRUCH

Docket No. S047206.

13 Cal.4th 1001 (1996)

THE PEOPLE, Plaintiff and Respondent, v. RICHARD JAMES MASBRUCH, Defendant and Appellant.

Supreme Court of California.

August 26, 1996.

Attorney(s) appearing for the Case

COUNSEL

Wesley A. Van Winkle, under appointment by the Supreme Court, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, W. Scott Thorpe and Ruth M. Saavedra, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CHIN, J.

We here determine the applicability of enhancements under Penal Code section 12022.3, subdivision (a) (§ 12022.3(a)),1 for "use[]" of a firearm "in the commission of" a crime, to sex offenses that a defendant commits after initially displaying a firearm. This issue has divided the Courts of Appeal. We conclude that the Court of Appeal here properly found that defendant used a firearm...

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