Is a sentence for assault with intent to cause grievous bodily harm under section 654 of the Criminal Code extended to include a firearm enhancement?
California, United States of America
The following excerpt is from People v. Ahmed, 120 Cal.Rptr.3d 356 (Cal. App. 2011):
Here, defendant both used a firearm and inflicted great bodily injury by means of a single act. Almost by definition, he incurred both enhancements while acting with a single intent and objective. We therefore conclude that the sentence violates section 654. The appropriate appellate remedy is to stay the sentence on the lesser of the two enhancements. ( People v. Norrell (1996) 13 Cal.4th 1, 9, 51 Cal.Rptr.2d 429, 913 P.2d 458.) We will do so.
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