Does a minute order for a defendant who was convicted of a gang-related assault and assault with intent to murder apply?

California, United States of America


The following excerpt is from People v. Ramirez, B267516 (Cal. App. 2016):

apply -- viz., because section 12022.53 enhancements had been imposed. (See People v. Brookfield (2009) 47 Cal.4th 583, 593-594 [accomplices who aid and abet gang-related offenses but do not personally use or discharge firearms are subject to additional punishment under either section 12022.53 or section 186.22, but not both].) The minute order correctly stated the sentence pronounced by the court, as did the abstract of judgment. Neither mentions section 186.22. There was thus no error and nothing to correct.15

B. Restitution

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