California Court of Appeal

Conviction and sentence for carjacking, grand theft auto, and vandalism are affirmed, where: 1) the prohibition of Penal Code section 654 against multiple punishments for separate offenses arising out of a single occurrence does not bar imposition of sentence on a section 12022(b)(2) enhancement for using a deadly and dangerous weapon (the automobile) during commission of the carjacking, because section 12022(b)(2) operates as an implied exception to section 654; and alternatively; and 2) section 654 does not bar imposition of the deadly and dangerous weapon enhancement because it punishes an aspect of defendant's offense that is not always present in the crime of carjacking.

Appellate Information

• Decided 03/14/2013
• Published 03/14/2013

Judges

• ALDRICH

Court

• California Court of Appeal

Counsel