People v. Huggins CA2/3

DISCUSSION

Huggins contends the trial court erred in imposing sentence enhancements for his firearm use under both section 12022.5, subdivision (a), and section 186.22, subdivision (b)(1)(C). The Supreme Court resolved this issue in People v. Rodriguez (2009) 47 Cal.4th 501 (Rodriguez). The defendant in Rodriguez was convicted of assault with a firearm (§ 245, subd. (a)(2)), and the trial court imposed sentence enhancements under section 12022.5, subdivision (a), and section 186.22, subdivision (b)(1)(C). The California Supreme Court held that “the additional punishments imposed under the two enhancement provisions . . . violated subdivision (f) of section 1170.1.” (Rodriguez, at p. 507.) The court’s reasoning was as follows: “Section 12022.5’s subdivision (a) provides that ‘any person who personally uses a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment . . . for 3, 4, or 10 years . . . .’ (Italics added.) Exempt from that additional punishment are crimes that necessarily involve firearm use. (Ibid.) But that exemption does not apply to ‘any violation of Section 245 if a firearm is used . . . .’ (§…