CALIFORNIA CRIMINAL LAW: CAN A SINGLE ACT RESULT IN MULTIPLE ENHANCEMENTS?
Does California penal Code sec. 654 apply to enhancement? This California Court of APpeal says, "Cases sometimes ask whether section 654 applies to enhancements. However, there is not necessarily a single yes or no answer to this question. As the law now stands, section 654 may apply to some enhancements under some circumstances."
Confused yet? The California Court of Appeal notes that some cases say that 654 never applies to enhancements. The court says that Apprendi (530 U.S. 466) casts doubt on this line of cases. But of course this Calfornia Court of Appeal doesn't have to resolve that issue, and skates by, leaving us all to wonder.
But they do rule that a defendant can't get sentenced for both California Penal Code sec. 2022.5 and 12022.7 for the single act of using a firearm and thereby inflicting great bodily injury.
At least they answered that question for us.
People v. Ahmed; 2011 DJ DAR 1203; DJ, 1/25/11; C/A 4th, Div. 2
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