Can a defendant appeal against his conviction for assault with a firearm and find true the allegations that he personally used and inflicted great bodily injury when committing this crime?

Defendant argues the court improperly relied on the same facts the jury used to convict him of assault with a firearm and find true the allegations that he personally used a firearm and inflicted great bodily injury when committing this offense. (See rule 4.420(d) ["A fact that is an element of the crime on which punishment is being imposed may not be used to impose a particular term"].) We reject this argument. "[W]here the facts surrounding the charged offense exceed the minimum necessary to establish the elements of the crime, the trial court can use such evidence to aggravate the sentence. [Citation.] Stated another way, rule [4.420(d)] does not preclude a court from using facts to aggravate a sentence when those facts establish elements not required for the underlying crime." (People v. Castorena (1996) 51 Cal.App.4th 558, 562.)