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eBook details

• Title: People V. Palacios
• Author : In the Supreme Court of California
• Release Date : January 12, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

We hold that the sentence enhancement provisions of Penal Code section 12022.53 are not limited by the multiple punishment prohibition of section 654.*fn1 Section 12022.53 prescribes substantial sentence enhancements for using a firearm in the commission of certain felonies. Here, three enhancements were imposed under subdivision (d) of that statute based on a single shot fired at a single victim during the simultaneous commission of three qualifying offenses. The Court of Appeal held that punishment on all but one of these enhancements must be stayed pursuant to the multiple punishment prohibition of section 654, even though section 654 did not preclude separate punishment for each of the underlying offenses. We conclude that imposition of punishment for each of the multiple section 12022.53 enhancements in these circumstances is required. To hold otherwise would contravene the plain language of section 12022.53. Thus, we reverse the judgment of the Court of Appeal.

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