Skip to content
Name: People v. Gonzalez et al.
Case #: C045935
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/29/2006
Subsequent History: Rev. granted 3/14/07: S149898
Summary

When a defendant is convicted of multiple firearm enhancements pursuant to Penal Code sections 12022.5 and 12022.53, only the longest term of imprisonment under the section shall be imposed for each crime and the court must strike the lesser enhancements, rather than sentencing but staying the sentence for the lesser enhancements. [This finding disagrees with that of People v. Bracamonte (203) 106 Cal.App.4th 704.] If the greater enhancement is later invalidated on appeal, the lesser enhancement findings may be reinstated and sentence imposed.