California, United States of America
The following excerpt is from People v. Solis, B269472 (Cal. App. 2017):
When a defendant claims the trial court made an impermissible dual use of a fact to support both an enhancement and an aggravating factor, "the reviewing court looks at whether the trial court could have based the aggravating factor on evidence other than that which gave rise to the enhancement. If so, the sentence may stand. [Citation.]" (People v. Garcia (1995) 32 Cal.App.4th 1756, 1775.) If the trial court could only have based the aggravating factor on the evidence giving rise to the enhancement, that aggravating factor cannot stand. (See ibid.)
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