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Name: People v. Bracamonte
Case #: B151466
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 02/27/2003
Subsequent History: Rehg. denied & Mod. opinion 4/1/03. Rev. denied 5/14/03.
Summary

In this complicated sentencing case, the court agreed that appellants’ four-year term for robbery must be stayed under Penal Code section 654, where the crime underlying their first degree murder conviction was robbery, and that a weapon-use enhancement to the robbery count must also be stayed. When an enhancement for personal gun use under Penal Code section 12022.53 applies, the trial court must strike the firearm use finding under Penal Code section 12022.5. Section 12022.53 operates to require the trial court to add the applicable enhancement for each firearm discharge and use allegation under the section found true and then to stay the execution of all such enhancements except for the one which provides for the longest term of imprisonment.