California, United States of America
The following excerpt is from People v. Morrison, 245 Cal.Rptr.3d 849, 34 Cal.App.5th 217 (Cal. App. 2019):
" Section 12022.53 sets forth the following escalating additional and consecutive penalties, beyond that imposed for the substantive crime, for use of a firearm in the commission of specified felonies, including [ ] murder: a 10-year prison term for personal use of a firearm, even if the weapon is not operable or loaded (id. , subd. (b)); a 20-year term if the defendant personally and intentionally discharges a firearm (id ., subd. (c)); and a 25yeartolife term if the intentional discharge of the firearm causes great bodily injury or death, to any person other than an accomplice (id ., subd. (d)). For these enhancements to apply, the requisite facts must be alleged in the information or indictment, and the defendant must admit those facts or the trier of fact must find them to be true." ( People v. Gonzalez (2008) 43 Cal.4th 1118, 11241125, 77 Cal.Rptr.3d 569, 184 P.3d 702.) Section 12022.53, subdivision (f) provides, "Only one additional term of imprisonment under this section shall be imposed per person for each crime. If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment ...."
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