Does section 12022.53, subdivision (c), precludes the court from imposing concurrent terms for the crime underlying the enhancement?
California, United States of America
The following excerpt is from People v. Flores, B233196 (Cal. App. 2012):
8. Frias apparently anticipates an argument that section 12022.53, subdivision (c), precludes the court from imposing concurrent terms for the crimes underlying the enhancement. The trial court may run the underlying offense concurrently or consecutively, as long as the court treats the enhancement in the same manner. (Cf. People v. Phong Bui (2011) 192 Cal.App.4th 1002, 1016.) Respondent does not contend otherwise.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a court violate section 654 of the California Criminal Code by imposing both a firearm enhancement and a great bodily injury enhancement under section 12022.7, subdivision (a), both at trial? (California, United States of America)
When a court imposes a concurrent term of imprisonment and imprisonment for one of the crimes is required to be served in the state prison, does that apply to all crimes? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code apply if a court imposes a concurrent or consecutive sentence for a separate crime arising from an indivisible course of conduct? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code apply if a court imposes a concurrent or consecutive sentence for a separate crime arising from an indivisible course of conduct? (California, United States of America)
If a court imposes a sentence that is unenforceable under section 1170.1, subdivision (i) of the California Criminal Code, can a reviewing court correct that sentence? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
Can a court impose only a single enhancement under section 12022.3 of the Sexual Offences Act, if there are more than one weapon involved in the crime? (California, United States of America)
What is the effect of section 654 of the Criminal Code of Ontario's Criminal Code when a court finds that a conviction is subject to the provisions of Section 654, subdivision (a) of the Act of the Court of Justice? (California, United States of America)
Under section 654 of section 12022.53 of the California Criminal Code, can a defendant be sentenced to two or more enhancements to the underlying crime? (California, United States of America)
Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (California, United States of America)
