Law

In People v. Monjaras (2008) 164 Cal.App.4th 1432 [ 79 Cal.Rptr.3d 926 ] (Monjaras), this court addressed an oft-raised attack on the sufficiency of the evidence when the prosecution relied on circumstantial evidence to prove that a defendant used a firearm to commit a criminal offense. Noting that circumstantial evidence suffices to establish the *979 sentence enhancement imposed by Penal Code section 12022.53, subdivision (b), 1 we conclusively rejected the contention and published our opinion “to say in no uncertain terms that a moribund claim like that raised by defendant has breathed its last breath.” (Monjaras, supra, at pp. 1434-1435 .)

As in Monjaras , the jury in this case found that defendant Ralston Law personally used a firearm within the meaning of section 12022.53, subdivision (b), when he committed a robbery (§211). (Monjaras, supra, 164 Cal.App.4th at p. 1434 .) The jury in this case additionally convicted defendant of assault with a firearm (§ 245, subd. (a)(2)), and found that in committing both the robbery and assault, defendant personally used a firearm within the meaning of section 12022.5, subdivision (a). Consequently, the trial court imposed an…