What are the consequences of section 245, subdivision (a)(1) of the California Criminal Code when it comes to section 2 and 3 of the Criminal Code?

Counts 2 and 3 charged Abraham with violating section 245, subdivision (a)(1). The charges were found true, along with a section 12022, subdivision (b) enhancement. A section 12022, subdivision (b) enhancement cannot be imposed on a section 245, subdivision (a)(1) charge. (People v. McGee, supra, 15 Cal.App.4th at p. 110.) We previously addressed the count 3 weapon enhancement in part II, ante. The section 12022, subdivision (b) enhancement appended to count 2 also must be stricken.

Abraham also contends that the weapon enhancements appended to counts 1, 4, 5, and 6 must be stricken based upon section 654 and the holding of People v. Summersville (1995) 34 Cal.App.4th 1062. That case is distinguishable on the counts under consideration. In Summersville, the court concluded that a use of a deadly weapon

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