If you fire a gun from a vehicle in the commission of a felony a Personal Use of Firearm Sentencing Enhancement may apply. The law provides that a person who, with the intent to inflict great bodily injury or death, inflicts great bodily injury, 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 may be sentenced an additional and consecutive term of imprisonment.
What does the prosecutor have to prove?
1. Defendant discharged a firearm from a motor vehicle.
2. Defendant committed the offense with the intent to inflict great bodily injury or death.
3. The injury was inflicted while in the commission or attempted commission of a felony.