Martinez

Ruben Fraire Martinez appeals from the judgment entered following a jury trial that resulted in his conviction of assault with a firearm upon a peace officer and a true finding of a firearm-use enhancement. (Pen. Code, §§ 245, subd. (c), 12022.5.) He was sentenced to eight years in prison and contends: “The two-year enhancement for use of a firearm pursuant to Penal Code section 12022.5 must be stricken from the judgment because that enhancement cannot be applied to a conviction for assault with a firearm upon a peace officer in violation of Penal Code section 245(c).”

Factual Background

As appellant’s sole contention concerns the proper interpretation of Penal Code section 12022.5, which provides for a consecutive two-year enhancement upon any person who personally uses a firearm in the commission or attempted commission of a felony, the substantive facts underlying appellant’s convictions need not be set forth in detail.

It suffices to observe that on January 31, 1986, two Huntington Park police officers approached the rear yard of a residence in response to a radio call regarding possible shots fired, and saw appellant brandishing a handgun. When ordered to drop the…