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Name: People v. Williams
Case #: C096588
Opinion Date: 08/02/2023
Attorney: C. Athena Roussos

The Court of Appeal remanded for resentencing based on the trial court’s improper dual use of facts to impose the aggravated term. Defendant was sentenced for his first degree robbery conviction, and an allegation that he had personally used a firearm. (§ 12022.53, subd. (b).) The court relied upon the threat of great bodily harm (rule 4.421(a)(1)) and defendant’s danger to society (rule 4.421(b)(1)) to aggravate his sentence. However, only defendant’s gun use constituted substantial evidence of these aggravating factors. Therefore, based on the prohibition on the dual use of facts, defendant’s use of a gun could not be used to aggravate defendant’s base term without striking the firearm enhancement. (§ 1170, subd. (b)(5); rule 4.420(g).)