In re Ahumada CA2/5
Petitioner Paul Ahumada (petitioner) filed a habeas corpus petition contending, among other things, that the trial court erred in imposing both a Penal Code section 12022, subdivision (a)(1) enhancement (“a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment”) and a Penal Code section 12022, subdivision (b)(1) enhancement (“[a] person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment”) as to each of his nine robbery convictions. This court ordered the Attorney General to file an informal response addressing whether the trial court’s imposition of both enhancements constitutes an unauthorized sentence. (Pen. Code, §§ 12022, subd. (e), 1170.1, subd. (f).) The Attorney General’s informal response concedes that one of the two imposed weapon enhancemen
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