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Name: People v. Chiu
Case #: C041191
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/04/2003
Subsequent History: Rev. den. 2/18/04
Summary

A defendant sentenced to life without possibility of parole may receive a 25 to life firearm enhancement under Penal Code section 12022.53, subdivision (d). The defendant had argued that section 12022.53, subdivision (j), which makes the enhancement mandatory unless another provision of law provides for a greater term, was trumped by Penal Code section 190.2, because the latter provision imposes a longer term. The court rejected this interpretation of the statute.