If a section 12022.53 firearm enhancement is found true for the same crime, can the same firearm enhancement be stayed?

California, United States of America

The following excerpt is from People v. Sullivan, B288894 (Cal. App. 2019):

Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55 shall not be imposed on a person in addition to an enhancement imposed pursuant to this section"].) Thus, if a section 12022.53 enhancement is imposed, the trial court must impose and stay any other applicable firearm enhancement. (See People v. Gonzalez (2008) 43 Cal.4th 1118, 1130 ["[w]e conclude section 12022.53 requires that, after a trial court imposes punishment for the section 12022.53 firearm enhancement with the longest term of imprisonment, the remaining section 12022.53 firearm enhancements and any section 12022.5 firearm enhancements that were found true for the same crime must be imposed and then stayed"].)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

When an ex-felon commits a crime using a firearm and arrives at the scene already in possession of the firearm, does Section 654 of the Criminal Code bar assault with a firearm? (California, United States of America)

Does a court violate section 654 of the California Criminal Code by imposing both a firearm enhancement and a great bodily injury enhancement under section 12022.7, subdivision (a), both at trial? (California, United States of America)

Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (California, United States of America)

Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)

Does Section 654 of the California Criminal Code allow a court to stay the execution of a sentence for a lesser, less severely punishable crime, but more severely punishable, crime-preventable, offence? (California, United States of America)

Does the Attorney General have to stay the accompanying firearm enhancement under section 654 of the Criminal Code? (California, United States of America)

Is a charge under section 12022.5 of the California Penal Code for possession of a firearm an allegation of firearm use included in a charge of a lesser included crime? (California, United States of America)

Can a lesser firearm enhancement be imposed in lieu of a greater firearm enhancement? (California, United States of America)

Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)

Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)

If a section 12022.53 firearm enhancement is found true for the same crime, can the same firearm enhancement be stayed?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources