Is section 12022.53 of the Criminal Code of California unfettered by section 654 of the Code of Civil Procedure?
California, United States of America
The following excerpt is from People v. Bradshaw, F068007 (Cal. App. 2015):
12022.53 is "unfettered by section 654" and does not prevent imposition of multiple enhancements for the discharge of a firearm on counts involving multiple victims but a single act. (People v. Frausto (2009) 180 Cal.App.4th 890, 898 & fn. 4.) "[S]ection 12022.53 calls for multiple enhancements to be imposed when there are several victims but only one injury. [Citation.]" (Id. at p. 899; People v. Oates (2004) 32 Cal.4th 1048, 1054-1055.)
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