California Court of Appeal

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People v. Le, D057392

In a prosecution that resulted in convictions that included assault with a semi-automatic firearm, it is held that the trial court did not err when it found it lacked the discretion under the facts to impose on one defendant both the personal gun use enhancement under Penal Code section 12022.5(a) and the gang enhancement under Penal Code section 186.22(b)(1)(B) or (C), so the trial court properly stayed the firearm use enhancement under section 12022.5.

Appellate Information

  • Decided 04/27/2012
  • Published 04/27/2012

Judges

  • Benke

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Sharon M. Jones, Lilia E. Garcia