People v. Mason

In the portion of this opinion certified for publication, we conclude that the 25-year-to-life enhancement contained in Penal Code section 12022.53, subdivision (d) (section 12022.53(d)) for intentional and personal discharge of a firearm which, during the commission of enumerated felonies, results in great bodily injury or death, was properly imposed not only as to defendant Wilson’s conviction for murder, but also for a robbery and six attempted robberies on separate victims that accompanied the murder. In the published portion of this opinion we also hold that the provisions of the Determinate Sentencing Act (DSA), section 1170 et seq., do not apply to the indeterminate 25-year-to-life gun use enhancement imposed under section 12022.53(d) in this case. As we discuss in the unpublished portion of this opinion, we also instruct the trial court to modify the judgment to correct certain sentencing errors, remand the matter to allow the court to set terms on certain counts, and affirm the judgment in all other respects.

Introduction

In an amended indictment filed in February 2000, the San Diego County District Attorney (the People) charged defendants and appellants Brian…