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Name: People v. Sanders
Case #: B156084
Court: CA Court of Appeal
District 2 DCA
Opinion Date: 09/15/2003
Subsequent History: 10/15/03 Rehrg. denied

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).