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Name: People v. Perez
Case #: F032957
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 01/29/2001
Subsequent History: Review denied 5/16/01
Summary

The court properly imposed two sentence enhancements under Penal Code section 12022.53 for the two victims shot by appellant. Under the plain meaning rule of statutory construction, section 12022.53 presents no ambiguity as to the Legislature’s intent to apply a limitation to one enhancement per crime. Any other interpretation would allow a defendant to go on a “shooting spree” and receive only one enhancement for the gun use, as though he had injured only one victim, which would frustrate the Legislature’s intent.