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Name: People v. Oates
Case #: S106796
Court: CA Supreme Court
District CalSup
Opinion Date: 04/26/2004

Appellant fired two shots from a vehicle at a group of five people, hitting and injuring one of them. He was convicted of five counts of attempted murder, and enhancements under Penal Code section 12022.53 (b), (c), and (d), for use of a firearm, were found true. The trial court sentenced appellant for the attempted murder of the injured victim, and imposed a 12022.53 (d) enhancement of 25 years to life. It then stayed the 12022.53 (b) and (c) enhancements on that count pursuant to 12022.53 (f). For the remaining counts, the court imposed concurrent sentences, staying the section 12022.53 (d) enhancements pursuant to section 654. On appeal, appellant argued that the trial court should only have imposed one 12022.53 enhancement. The Court of Appeal agreed that under section 12022.53 (f), only the greatest enhancement can be imposed, and that all the 12022.53 enhancements in excess of one per crime had to be stricken. It also agreed that imposition of two 12022.53 (d) enhancements was improper because of the single injury. The Supreme Court granted review to determine the proper application of these sections, and found that the appellate court erred. Section 12022.53 does call for imposition of multiple subdivision (d) enhancements and section 654 does not prohibit that result.