Does Section 12022.7, subdivision (a) of the California Criminal Code apply to a defendant who was convicted of grievous bodily harm for the purposes of a criminal street gang?
California, United States of America
The following excerpt is from People v. Magana, D076271 (Cal. App. 2020):
impermissibly double-counted where any duplicative enhancement is imposed and stayed. (Accord, People v. Vega (2013) 214 Cal.App.4th 1387, 1395-1396 [jury found defendant personally inflicted great bodily injury in commission of crime ( 12022.7, subd. (a)), and also committed it on behalf of a criminal street gang; Court of Appeal held trial court should have imposed and then stayed execution of the section 12022.7, subdivision (a) enhancement].)
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