Robert R. Snyder v. California
• Should California Penal Code § 12022.53 be struck down and voided as vague and standardless legislation? Does petitioner's conviction serve as an example of an arbitrary enforcement?
• Did California Supreme Court fail to incorporate Rosemond's substantive holding into their jurisprudence?
• Does the act as currently interpreted, deprive defendants of accurate fact-finding regarding the principle of armed-intent?
• Was § 12022.53 subd.(e) originally intended to be a penalty provision or limitation clause?
• In this case, would a 25 years-to-life consecutive enhancement for a first-time felon/youth offender seem to violate the Eight Amendment to the U.S. Constitution?
• With the harsh penalty alongside the lack of sentencing triad in mind, shouldn't that indicate § 12022.53's application be limited to the most extreme case facts and circumstances?
• Would the simple fact of several legislative amendments, by itself raise questions about how the act's original intent compares to its current usage?
• Considering the heavy consecutive penalty behind § 12022.53, might it make homeowners hesitant to use a firearm in defense of their property? In that sense, does the act create a Second Amendment issue?
• Does the fact of § 12022.53's identical punishment for both GBI and death—two very different crimes—without any explanation, raise concerns regarding the act's nature and purpose?
Should California Penal Code § 12022.53 be struck down and voided as vague and standardless legislation?