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Name: People v. Palacios
Case #: S132144
Court: CA Supreme Court
District CalSup
Opinion Date: 07/12/2007

Sentence enhancement provisions of Penal Code section 12022.53 are not limited by the multiple punishment prohibition of section 654. Appellant was convicted of attempted murder and two kidnapping offenses, one for robbery and one for carjacking. Enhancements pursuant to section 12022.53 (d) were found to be true as to each of the three offenses. The kidnappings were technically ongoing at the time appellant discharged his gun in the commission of the attempted murder of the sole victim. The court sentenced appellant to three consecutive terms of life imprisonment for each of the offenses plus 25 years to life for each of the enhancements. The Supreme Court found the language of the weapons enhancement statute requiring that the enhancements shall be applied notwithstanding any other provision of law and as an additional and consecutive term of imprisonment clearly evidenced the Legislature’s intent to create a sentencing scheme not constrained by section 654. Whether section 654 applied to enhancements generally was a question left “for another day.”