Rener

Agreeing with the analysis of the Third Appellate District in People v. Reed (1982) 135 Cal.App.3d 149 [ 185 Cal.Rptr. 169 ], we will hold that an enhancement pursuant to Penal Code section 12022.3 for using or being armed with a firearm or deadly weapon during the commission of certain sex crimes can be imposed only when the defendant “personally” uses or is armed with the weapon.

Appellant Jonathan David Rener was convicted by a jury on one count of forcible rape (§261, subd. (a)(2)) and one count of kidnapping with intent to commit rape (§ 208, subd. (d)). He was acquitted on a separate count charging assault with a firearm in violation of section 245, subdivision (a)(2). The jury found that a firearm was used in the commission of the rape within the meaning of section 12022.3, subdivision (a), that a principal was armed during the commission of the rape and the kidnapping, and that Rener and his codefendant, Darrell White, acted in concert to aid and abet each other during the rape. White was convicted of similar charges, together with assault with a firearm, and the jury found true additional special allegations as to White, including one that he personally used a…