Reed

Defendant appeals from the judgment of conviction entered upon his plea of guilty to forcible rape committed in concert with another person. (Pen. Code, §§ 261, subd. (2), 264.1; all further statutory references are to sections of the Penal Code.) Having judicially admitted that he was armed with a firearm in the commission of the rape in violation of section 12022.3, subdivision (b), defendant now contends the court erred in imposing sentence in accordance with his admission because he was not personally so armed and, defendant argues, section 12022.3, subdivision (b), punishes only those who are personally armed.

We shall hold that section 12022.3, subdivision (b), applies only to one who is personally armed with a firearm or deadly weapon. Although defendant admitted the allegation that he was armed with a firearm, the record discloses that the admission was induced by official mischaracterization, based upon good faith misapprehension, of the scope and effect of section 12022.3, subdivision (b). Accordingly, defendant must be afforded the opportunity to withdraw his admission. We turn now to analysis of section 12022.3.

When statutory language is clear, there is no need for…