P. v. Lopez CA2/8
Defendant Everardo Lopez appeals following his convictions for two counts of assault with a firearm and one count of possession of an unregistered firearm. The jury also found true that defendant personally used a firearm in the commission of the crimes and committed the crimes for the benefit of a criminal street gang. As part of defendant’s sentence for the two assault counts, the court imposed additional time for both the serious felony gang and firearm enhancements. Defendant argues that, by punishing defendant for both enhancements, the trial court violated Penal Code section 1170.1, subdivision (f) because both enhancements were based on his single use of a firearm. We agree, reverse, and remand for resentencing. We also reject the Attorney General’s argument that upon resentencing the trial court has the discretion to impose a gang enhancement applicable to nonviolent, nonserious felonies.
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