Ross

A jury convicted Charles Earl Ross (Ross) of voluntary manslaughter in violation of Penal Code section 192, subdivision (a), and also found it true that Ross personally used a firearm in the commission of the offense within the meaning of section 12022.5, subdivision (a). Ross was sentenced to the lower term of three years for the voluntary manslaughter conviction.

The court then fixed the term on the section 12022.5, subdivision (a) firearm use enhancement at the lower term of three years, but stayed the imposition of the sentence on the enhancement pursuant to section 654. The People appeal, contending the trial court was not authorized to stay imposition of the sentence enhancement provided by section 12022.5, subdivision (a). We agree, and order the judgment modified to reflect imposition of the consecutive term mandated by section 12022.5, subdivision (a).

Facts

In the spring of 1992, Charles Earl Ross had an apartment on Swift Avenue from which he dealt cocaine. Ross also was the owner of a 1980 Cadillac Seville, beige over brown, which he prized highly. Early in the morning hours of May 19, 1992, Ross was at the Swift Avenue apartment, not to deal drugs (he…