Is a sentence for assault with intent to cause grievous bodily harm under section 654 of the Criminal Code extended to include a firearm enhancement?

California, United States of America


The following excerpt is from People v. Ahmed, 11 Cal. Daily Op. Serv. 1031, 120 Cal.Rptr.3d 356, 2011 Daily Journal D.A.R. 1203 (Cal. App. 2011):

Here, defendant both used a firearm and inflicted great bodily injury by means of a single act. Almost by definition, he incurred both enhancements while acting with a single intent and objective. We therefore conclude that the sentence violates section 654. The appropriate appellate remedy is to stay the sentence on the lesser of the two enhancements. ( People v. Norrell (1996) 13 Cal.4th 1, 9, 51 Cal.Rptr.2d 429, 913 P.2d 458.) We will do so.

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