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Name: People v. Navarro
Case #: B148711
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 03/17/2003
Subsequent History: Rhrg. denied 4/14/03

A defendant who has been sentenced to life without possibility of parole under the “drive-by” special circumstance (Pen.Code, sec. 190.2, subd.(a)(21)), is not subject to a consecutive 25 year to life enhancement for firearm discharge under Penal Code section 12022.53, subdivision (d). Under the plain language of Penal Code section 12022.53, subdivision (j), the enhancement does not apply, where, as here, another provision of law provides for a longer term of imprisonment.