Hopkins

In this case, we hold that a sentencing court may not make dual use of facts for different enhancements. We also hold that Penal Code section 1170.1, subdivision (e) 1 prohibits more than one of three enhancements to be imposed for a single offense except for attempted or actual robbery, rape or burglary.

Defendant Ronald Hopkins was convicted after a court trial of the following crimes: count I, attempted robbery (§§ 211/664); count II, burglary (§ 459); count III, possession of a sawed-off shotgun (§ 12020, subd. (a)); count IV, assault with a firearm on one Lloyd Perry (§ 245, subd. (a)(2)); count V, assault with a deadly weapon on one Ronald Rlauer (§ 245, subd. *114 (a)(1)); counts VI-XVIII, XX and XXII-XXVI involve false imprisonment of 19 persons (§ 236). The court also found true the following enhancements set forth as special allegations: first enhancement, use of a firearm (§ 12022.5); second enhancement, intentional infliction of great bodily injury (§§ 12022.7 and 1203.075); third enhancement, personal use of a deadly weapon (§ 12022, subd. (b)); fourth enhancement, armed with a firearm, having previously been convicted of felonies (§ 1203.06, subd. (a)(2));…

I concur except for the directions to the superior court. I would remand for resentencing at the discretion of the trial court.

In this case, we hold that a sentencing court may not make dual use of facts for different enhancements. We also hold that Penal Code section 1170.1, subdivision (e) [1] prohibits more than one of three enhancements to be imposed for a single offense except for attempted or actual robbery, rape or burglary.

Defendant Ronald Hopkins was convicted after a court trial of the following crimes: count I, attempted robbery (§§ 211/664); count II, burglary (§ 459); count III, possession of a sawed-off shotgun (§ 12020, subd. (a)); count IV, assault with a firearm on one Lloyd Perry (§ 245, subd. (a)(2)); count V, assault with a deadly weapon on one Ronald Klauer (§ 245, subd. (a)(1)); counts VI-XVIII, XX and XXII-XXVI involve false imprisonment of 19 persons (§ 236). The court also found true the following enhancements set forth as special allegations: first enhancement, use of a firearm (§ 12022.5); second enhancement, intentional infliction of great bodily injury (§§ 12022.7 and 1203.075); third enhancement, personal use of a deadly weapon (§ 12022, subd. (b)); fourth enhancement, armed with a firearm, having previously been convicted of felonies (§ 1203.06, subd.…