What is the test for making an upper term on a firearm enhancement before imposing it?

California, United States of America


The following excerpt is from People v. Diaz, B279931 (Cal. App. 2018):

choosing the upper term on the firearm enhancement before imposing it, his trial counsel failed to interpose an objection. Accordingly, we find the error forfeited under the well-worn principles most recently enunciated in People v. Scott (2015) 61 Cal.4th 363, 406.

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