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Name: People v. Gonzalez
Case #: S149898
Court: CA Supreme Court
District CalSup
Opinion Date: 06/02/2008
Summary

After the trial court imposes punishment for a Penal Code section 12022.53 firearm enhancement with the longest term, the remaining section 12022.53 and section 12022.5 firearm enhancements that were found true for the same crime must be imposed but stayed pursuant to section 12022.53, subdivision (f). Applying rules of statutory construction to interpret Penal Code section 12022.53, the Court found that subdivision (f) requires the trial court to stay rather than strike the prohibited firearm enhancements. Staying the penalty for the enhancements meets the Legislative intent of making the prohibited enhancements available should the longest term be found invalid on appeal. The stay is pursuant to section 12022.53 rather than Penal Code section 654 which applies only to offenses and not enhancements.