Does a firearm enhancement apply to the crime of discharging a firearm at a moving vehicle?

At the sentencing hearing, the trial court imposed and stayed a third firearm enhancement on count 6, pursuant to section 12022.5, subdivision (a). The abstract of judgment reflects this enhancement. Although the section 12022.5 enhancement was alleged in count 6 of the second amended information, it was not listed on the verdict form for count 6 and so not found true by the jury. Even without this flaw, however, the enhancement would have to be stricken. A section 12022.5, subdivision (a) enhancement may not be applied to the crime of discharging a firearm at an occupied vehicle in violation of section 246. (People v. Kramer (2002) 29 Cal.4th 720, 723, fn. 2.)

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