PEOPLE v. FELIX, D039818
The trial court erred in finding the firearm use enhancement pursuant to Penal Code section 12022.53(b) unconstitutional as applied to defendant, and in striking the enhancement, it failed to impose the term prescribed by law.
- Decided 05/21/2003
- Published 05/21/2003
- California Court of Appeal
- For Appellant:
- Paul J. Pfingst and Bonnie M. Dumanis, District Attorneys; Charles E. Nickel, Anthony Lovett and James E. Atkins, Deputy District Attorneys, for Plaintiff and Appellant.
- For Appellees:
- Laurel Nelson Smith, under appointment by the Court of Appeal, for Defendant and Respondent.