People v. Le
Annotate this CaseAt issue in this case was whether Cal. Penal Code 1170.1(f) precludes a trial court from imposing both a firearm enhancement under Cal. Penal Code 12022.5, former subdivision (a)(1), and a gang enhancement under Cal. Penal Code 186.22(b)(1)(B), in connection with a single offense, when the offense is a “serious felony” under section 186.22(b)(1)(B) and involved the use of a firearm. Defendants Eric Hung Le and Down George Yang were convicted for their part of a street gang’s drive-by shooting. As to Defendant Yang’s conviction for assault with a semiautomatic firearm, the jury found true that Defendant committed the assault while personally using a firearm under former section 12022.5(a)(1) and committed the assault for the benefit of a street gang under section 186.22(b)(1).The trial court stayed any sentence enhancement under section 12022.5(a), concluding that it could not impose terms for both enhancements. The Court of Appeal affirmed. The Supreme Court affirmed, holding that because both enhancements depend upon a defendant’s firearm use, section 1170.1(f) bars the imposition of both enhancements.
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