California, United States of America
The following excerpt is from People v. Ciggs, E070212 (Cal. App. 2019):
A federal court subsequently granted defendant's petition for writ of habeas corpus and directed the trial court to resentence defendant on count 2. Defendant appealed from his new sentence and, in the second appeal, this court reversed the judgment in part because the sentences on counts 2 through 5 each incorrectly included an enhancement for the personal use of a firearm during the commission of a felony (Pen. Code, former 12022.5, subd. (a)(1)) and an enhancement for the use of a firearm during the commission of a violent felony (Pen. Code, 188.66, subd. (b)(1)(C)). (People v. Ciggs (Feb. 21, 2017, E064606) [nonpub. opn.] (Ciggs II).)
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