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Name: People v. Crites
Case #: B178046
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 01/25/2006
Summary

The Penal Code bars execution of sentences for multiple deadly weapon enhancements, but does not prohibit a court from imposing and staying all but one enhancement. The defendant was convicted of first degree murder, and the jury found true two separate weapon enhancements under Penal Code section 12022, subdivision (b)(1). The court imposed a one-year term for the first enhancement, for use of a knife, and imposed but stayed a one-year term for the second enhancement, for use of steel-toed boots. On appeal defendant argued that the court should have stricken the second enhancement rather than staying it. The Court of Appeal affirmed, holding that while section 1170.1, subdivision (f), prohibits execution of sentences for multiple deadly weapon enhancements, nothing in the statutory language requires that the multiple terms be stricken rather than stayed.