Brookfield

— In this case, a companion to People v. Jones (2009) 47 Cal.4th 566 [ 98 Cal.Rptr.3d 546 , 47 Cal.4th 566 ], we must interpret subdivision (e)(2) of Penal Code section 12022.53 (section 12022.53(e)(2)). That provision states; “An enhancement for participation in a criminal street gang . . . shall not be imposed ... in addition to” an enhancement under Penal Code section 12022.53 for firearm use unless the defendant “personally used or personally discharged a firearm in the commission of the offense.” (Italics added.)

Here, defendant was convicted of a gang-related crime in the commission of which he did not personally discharge a firearm, but a companion did. The trial court sentenced defendant to life imprisonment because of his participation in a criminal street gang; the court also imposed additional punishment because of the companion’s firearm use. We conclude that the life sentence was proper but that the additional punishment for firearm use was not. We affirm the judgment of the Court of Appeal, which reached the same conclusion, albeit for different reasons.

I

Freddie Mae Jackson testified that on June 14, 2004, the driver of a gray car fired seven or eight…