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PEOPLE v. BROOKFIELD

No. S147980.

47 Cal.4th 583 (2009)

THE PEOPLE, Plaintiff and Respondent, v. BYRON JEROME BROOKFIELD, Defendant and Appellant.

Supreme Court of California.

August 31, 2009.

Attorney(s) appearing for the Case

Corinne S. Shulman and Mark D. Greenberg, under appointments by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans, Janet Neeley, Peter W. Thompson and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KENNARD, J.—

In this case, a companion to People v. Jones (2009) 47 Cal.4th 566, we must interpret subdivision (e)(2) of Penal Code section 12022.53 (section 12022.53(e)(2)). That provision states: "An enhancement for participation in a criminal street gang . . . shall not be imposed . . . in addition to" an enhancement under Penal Code section 12022.53 for firearm use...

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