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Name: People v. Brookfield
Case #: S147980
Court: CA Supreme Court
District CalSup
Opinion Date: 08/31/2009

A sentence enhancement for a companion’s firearm use was not proper where the court has imposed a life term for participation in a criminal street gang. Appellant was convicted of a gang-related crime in which he did not personally discharge a firearm, but a companion did. The trial court sentenced him to life in prison because of his participation in a criminal street gang and imposed an additional 10-year term under section 12022.53, subdivision (e)(1) for the companion’s firearm use. The appellate court upheld the life sentence but directed the trial court to vacate the 12022.53 enhancement. In this companion case to People v. Jones, the Supreme Court affirmed the appellate court’s ruling. Under section 12022.53, subidivision (e)(2), an enhancement for participation in a criminal street gang may not be imposed in addition to an enhancement for use of a firearm by a principal unless the defendant personally discharged a firearm.