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Name: People v. Gonzalez
Case #: C045935
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/29/2006
Subsequent History: review granted: 3/14/07, S149898
Summary

Penal Code section 12022.53, subdivision (f), permits the imposition of only one firearm enhancement under that section. The jury found true enhancements under sections 12022.5(a) and 12022.53(a)-(d). The court imposed a 25-life term for one firearm enhancement under 12022.53(d), and imposed but stayed enhancements under 12022.5(a)(1) and 12022.53(b) and (c). The appellate court agreed with appellant that the court erred in staying those terms. If more than one such enhancement is found to be true, the court must impose the enhancement carrying the longest term of imprisonment, and should strike rather than stay the remaining enhancements.