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Name: People v. Cobb
Case #: B170957
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 12/09/2004
Subsequent History: 2/16/05: revw den.
Summary

The trial court erred in imposing multiple enhancements under Penal Code section 12022.53, subdivision (d) and (e)(1), where the shooting involved only one victim. Appellant and a codefendant were involved in a shooting in which each was armed with a firearm. The court imposed a 25-year enhancement for defendant’s personal use of a firearm with great bodily injury and another 25-year enhancement for defendant’s vicarious liability for a principle’s use of a firearm causing great bodily injury. The Court of Appeal found that no “group shooting” exception applied in a case involving only one victim, and accordingly ordered that one of the enhancements be stricken.