Campbell

In this appeal by the People of an alleged unauthorized sentence (Pen. Code, § 1238, subd. (a)(10)), we conclude the trial court properly exercised its discretion under section 12022.5, subdivision (d) to stay execution of the additional term for Lamont Anthony Campbell’s admitted personal use of a firearm enhancement (§ 12022.5, subd. (a)) and affirm.

Factual Summary

In the early morning of June 2, 1994, Campbell was arrested after attempting, in two separate incidents, to take vehicles from two different women, one at gunpoint. He was charged with two counts of “attempted carjacking, driver only” (§§ 664/215, subd. (a)) and one count of assault with a semiautomatic firearm (§ 245, subd. (b)). As to one carjacking count and the assault, it was alleged Campbell personally used a firearm. (§ 12022.5, subd. (a).) It was alleged the other carjacking count was committed while Campbell was armed with a firearm. (§ 12022, subd. (a)(1).)

Campbell pleaded guilty to the assault with a semiautomatic firearm and admitted the gun use allegation in exchange for the dismissal of all other counts and allegations. At the initial sentencing date, the court, on the probation officer’s…