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Name: People v. Woods
Case #: B165281
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 06/28/2004
Subsequent History: 9/22/04: Revw. den. & depub.

Where a court imposes a gun use enhancement under Penal Code section 12022.53, subdivision (d), the court may not also impose enhancements under Penal Code section 12022.53, subdivisions (b) and (c). The court here had imposed enhancements under the latter subdivisions, but had stayed those terms under Penal Code section 654. The appellate court held that under subdivisions (f) and (h) of that statute, a court was required to choose the provision resulting in the longest term of imprisonment, but then only that single enhancement should be imposed. The court thus ordered that the previously stayed terms be stricken.