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Name: People v. Kramer
Case #: S103746
Court: CA Supreme Court
District CalSup
Opinion Date: 12/23/2002
Subsequent History: None

Under Penal Code section 654, as amended in 1997, in deciding which act has the longest potential term of imprisonment, the trial court must consider not only the underlying offense, but also any applicable enhancements to that term. Thus, where defendant was convicted of discharging a firearm at an occupied vehicle in one count, and assault with a firearm in another count in which a firearm use enhancement (Pen. Code, sec. 12022.5, subd.(a)) was also found true, the sentencing court was required to sentence him on the assault and firearm enhancement (which carried a maximum sentence of 14 years (upper term of 4 plus enhancement upper term of 10) and stay the discharging a firearm count (which carried an upper term of 7 years). The Supreme Court expressed no opinion on what sentence the trial court should impose on that count and on that enhancement.