California, United States of America
The following excerpt is from People v. Schmidt, E061429 (Cal. App. 2016):
The appellate court held that section 654 prohibited punishment for the assault with a deadly weapon counts, on one hand, and the deadly and dangerous weapon enhancement, on the other hand. (People v. Wynn, supra, 184 Cal.App.4th at pp. 1218-1221.) It explained: "[T]he enhancement . . . for personally using a deadly or dangerous weapon during the commission of the burglary is based on an act or omission performed by Wynn during the offense . . . ." (Id. at p. 1220.) However, it also stated: "We stress that our decision is limited to the particular circumstances of this case. We address only whether section 654 applies to an enhancement for personally using a deadly or dangerous weapon during a crime . . . when the defendant is also convicted of a separate crime that arises out of the defendant's use of that deadly or dangerous weapon." (Id. at p. 1221, italics added.)
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