PEOPLE v. WHITEHOUSE

Docket Nos. 11458, 11459.

112 Cal.App.3d 479 (1980)

169 Cal. Rptr. 199

THE PEOPLE, Plaintiff and Respondent, v. MICHAEL WILLIAM WHITEHOUSE, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

November 21, 1980.


Attorney(s) appearing for the Case

COUNSEL

Appellate Defenders, Inc., under appointment by the Court of Appeal, and Jeffrey J. Stuetz, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Robert M. Foster and Jesus Rodriguez, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

WORK, J.

This appeal poses as its major question: where two enhancements arising from the same offense are alleged and proved, may the sentencing court impose only the higher consecutive to the base term and, in addition, aggravate the base term by utilizing the facts underlying the nonimposed true finding? We conclude such a procedure is proper where facts used to aggravate are not necessarily included in the imposed enhancement...

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