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Name: People v. Sanders
Case #: B156084
Opinion Date: 09/15/2003
Court: CA Court of Appeal
District 2 DCA
Citation: 111 Cal.App.4th 1371

Appellant was convicted of first degree murder and firearm use enhancements under Penal Code section 12022.53, subdivisions (c) and (d) were found true. The “merger doctrine,” that the felony-murder rule should not be applied when the only underlying felony committed by the defendant was assault (People v. Ireland (1969) 70 Cal.2d 522, 538-540) did not preclude enhanced punishment for the firearm use under subdivision (d).