California Penal Code Section 12022 - Interpretation

In People v. Majors (1998) 18 Cal.4th 385, 410-411, 956 P.2d 1137, the California Supreme Court held that trial courts do not have a sua sponte obligation to instruct on lesser included enhancements and, in particular, on being armed with a firearm under section 12022, subdivision (a) as a lesser included enhancement of personally using a firearm under section 12022.5, subdivision (a). Because the trial court did not have a sua sponte obligation to instruct on the LIE of being armed with a firearm and Puckett did not request that LIE instruction, the trial court did not err by not instructing on that LIE. (Majors, supra.)