Oates

Penal Code section 12022.53, which is also known as the 10-20-life law, prescribes substantial sentence enhancements for using a firearm in the commission of certain listed felonies. 1 Subdivision (b) of the statute provides for an additional and consecutive 10-year prison term for anyone convicted of a listed felony “who, in the commission of’ that felony, “personally uses a firearm” (hereafter subdivision (b) enhancement). Subdivision (c) of the statute increases the added penalty to 20 years if the criminal “personally and intentionally discharges a firearm” in the commission of the listed crime (hereafter subdivision (c) enhancement). Subdivision (d) of the statute makes the added punishment “25 years to life” if the criminal, “in the commission of’ the listed felony, “personally and intentionally discharges a firearm and proximately causes great bodily injury ... or death, to any person other than an accomplice” (hereafter subdivision (d) enhancement). The statute also provides that “[o]nly one additional term of imprisonment under this section shall be imposed per person for each crime,” and directs the court to impose “the enhancement that provides the longest term…

I concur in the result reached by the majority and in its conclusion that Penal Code section 12022.53, 1 as written, allows imposition of more than one 25-year-to-life prison term enhancement for a single injury caused by use of a firearm. But unlike the majority, I believe the statute’s failure to conform punishment to culpability in this respect is likely the result of oversight rather than legislative intent. Rather than multiple life-term enhancements under section 12022.53, subdivision (d), both common sense and the overall scheme of the 10-20-life law suggest an assailant who shoots in the direction of several people, but injures only one of them, should receive only one 25-year-to-life enhancement for injuring one victim—while also being severely punished with multiple 20-year enhancements under section 12022.53, subdivision (c), for discharging a firearm in the commission of offenses against the remaining, uninjured victims. Nevertheless, I agree with the majority that no such restriction appears in the terms of section 12022.53 and that absent such an express limitation a trial court must impose as to each qualifying felony, and cannot strike, the longest section 12022.53…

Penal Code section 12022.53, which is also known as the 10-20-life law, prescribes substantial sentence enhancements for using a firearm in the commission of certain listed felonies. [1] Subdivision (b) of the statute provides for an additional and consecutive 10-year prison term for anyone convicted of a listed felony "who, in the commission of" that felony, "personally uses a firearm" (hereafter subdivision (b) enhancement). Subdivision (c) of the statute increases the added penalty to 20 years if the criminal "personally and intentionally discharges a firearm" in the commission of the listed crime (hereafter subdivision (c) enhancement). Subdivision (d) of the statute makes the added punishment "25 years to life" if the criminal, "in the commission of" the listed felony, "personally and intentionally discharges a firearm and proximately causes great bodily injury ... or death, to any person other than an accomplice" (hereafter subdivision (d) enhancement). The statute also provides that "[o]nly one additional term of imprisonment under this section shall be imposed per person for each crime," and directs the court to impose "the enhancement that provides the longest…