Assault With a Deadly Weapon (Pistol) California
In In re Shull (1944) the defendant was convicted of the offense of assault with a deadly weapon (ADW), the weapon being a pistol. ( 245.)
Under the deadly weapons act ( 12022) an enhanced penalty is imposed consecutive to the penalty for commission of a crime while "armed with" a pistol.
The court reasoned that ADW is an assault committed with the addition of the weapons provision, therefore it was the intent of the Legislature that that be the punishment where an assault is committed with a deadly weapon. (23 Cal. 2d at pp. 750-751.)
Shull limited application of the enhancement under the deadly weapons act to those felonies that did not turn on the possession of a deadly weapon. (Id. at p. 749.)
The "special over the general" rule has been applied in the context of enhancements. (See In re Shull (1944) 23 Cal. 2d 745, 146 P.2d 417; see also People v. Coronado, 12 Cal. 4th at pp. 153-154.)