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Name: People v. Oates
Case #: E029354
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/31/2004
Subsequent History: Rev. gr. 12/1/04: S128181

After the original opinion in this case, the Supreme Court granted review and held that the appellate court erred in holding that a section 12022.53, subdivision (d) enhancement, which requires great bodily injury, could be imposed only once under section 654 because only one person was injured. (Appellant and two companions fired shots into a group of five rival gang members, injuring one of them, and was convicted of five counts of attempted murder.) In this opinion, the appellate court concludes, consistent with the Supreme Court’s opinion, that the trial court was required to impose a section 12022.53 enhancement on all five counts and may not stay them under section 654. Upon remand, the trial court may exercise its discretion and must strike, rather than stay, all other section 12022.53 enhancements if it so chooses.