Taylor

In this appeal we determine that a defendant who uses a firearm after completing the act constituting burglary but before he has reached a place of temporary safety is subject to the firearm use enhancement of Penal Code section 12022.5, subdivision (a).

A jury convicted defendant of two counts of burglary (Pen. Code, § 459), being a felon in possession of a firearm (§ 12021, subd. (a)), and theft of a firearm (§ 487, former subd. 3). The jury found true an allegation that defendant used a firearm in the commission of one of the burglaries. (§ 12022.5, subd. (a).) The trial court found true allegations that defendant was convicted of a prior serious felony (§ 667, subd. (a)), and served a prior prison term (§ 667.5, subd. (b)).

Sentenced to state prison for 18 years, defendant appeals. In the published part of this opinion we reject defendant’s contention that the evidence is insufficient to support the finding that he used a firearm during the commission of a burglary. Finding defendant’s remaining contentions of no merit, we shall affirm the judgment.

Facts

On the morning of October 21, 1993, James Daily returned to his home in Magalia to find the front door open…