Supreme Court of California

Court of appeal's ruling reversing defendant's sentence for assault with a firearm, on the ground that section 654 prohibits against multiple punishment for the same act, is reversed and remanded with instructions to the trial court for resentencing under section 1170.1(f) which applies when two or more enhancements may be imposed for using a firearm in the commission of a single offense, only the greatest of those enhancements shall be imposed for that offense.

Appellate Information

• Decided 08/21/2009
• Published 08/21/2009

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Matthew Alger, under appointment by the Supreme Court, Fresno, and Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle, Kristofer Jorstad, Jason Tran and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.