People v. Banks CA2/1

BACKGROUND ON FIREARM ENHANCEMENTS

Section 12022.53 provides for sentence enhancements of three different lengths, depending on the severity of a defendant’s firearm use in committing an enumerated felony. A defendant who personally uses a firearm is subject to a 10-year enhancement under subdivision (b). If a defendant personally and intentionally discharges a firearm, the length of the enhancement increases to 20 years under subdivision (c). And in cases where the defendant discharges a firearm and proximately causes great bodily injury or death, he is subject to an enhancement of 25 years to life under subdivision (d). When a jury finds true multiple firearm allegations for a single crime, the court may impose only a single enhancement as part of the defendant’s sentence. (§ 12022.53, subd. (f).) In such a case, “the court shall impose upon that person the enhancement that provides the longest term of imprisonment.” (Ibid.) Under section 12022.53, subdivision (h), as amended by Senate Bill No. 620, the trial court “may, in the interest of justice pursuant to Section 1385 and at the time of sentencing, strike or dismiss an enhancement otherwise required to be imposed.” This…