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Name: People v. Chambers
Case #: B151584
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 12/24/2002
Subsequent History: Opn. modified 1/10/03 without chg in judgment; rev. den. 3/19/03

Despite the fact that neither during a court trial nor at sentencing did the trial court make an express finding that a firearm use allegation under Penal Code section 12022.53, subdivision (b) was true, the court made an implied finding that it was true where it imposed a 10 year term for the enhancement. This was not a silent record case, because the court imposed the 10 year term. The appellate court also expressed dismay that the prosecution did not fulfill its obligation to see that the court met the statutory duty to make an express finding and to make a sufficient record to avoid resort to implied findings.