No. S097765.

124 Cal.Rptr.2d 464 (2002)

28 Cal.4th 1166

52 P.3d 648

The PEOPLE, Plaintiff and Respondent, v. Arturo GARCIA, Defendant and Appellant. In re Arturo Garcia on Habeas Corpus.

Supreme Court of California.

August 22, 2002.

Attorney(s) appearing for the Case

Maxine Weksler, Agoura Hills, under appointment by the Supreme Court, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Marc E. Turchin, Acting Assistant Attorney General. Carol Wendelin Pollack and Pamela C. Hamanaka, Assistant Attorneys General, Mary E. Sanchez, Darryl C. Hottinger and Jaime L. Fuster, Deputy Attorneys General, for Plaintiff and Respondent.

Steve Cooley, District Attorney (Los Angeles), George M. Palmer, Head Deputy District Attorney, and Phyllis C. Asayama, Deputy District Attorney, for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.


We granted review to decide whether convictions for two defendants must support a firearm sentencing enhancement for one of them.

Under Penal Code1 section 12022.53, subdivision (d), a defendant convicted of a qualifying felony who intentionally and personally discharges a firearm, proximately causing great bodily injury or death, is subject to an additional term of 25...

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