In re Rodabaugh CA2/4

DISCUSSION

Petitioner contends the trial court exceeded its jurisdiction in imposing two-year enhancements for personal use of a deadly weapon on his convictions for second degree robbery under counts 1 and 3. He argues the court was not authorized to impose enhancements greater than one year unless he was convicted of carjacking or attempted carjacking. Section 12022, subdivision (b)(1), authorizes an additional and consecutive term of one year in state prison for any person who personally uses a deadly or dangerous weapon in the commission of a felony. The next subdivision provides that if the person “has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years.” (§ 12022, subd. (b)(2).) The trial court imposed two-year enhancements under this section on counts 1 and 3 after the jury found petitioner had personally used a deadly weapon in the commission of the second degree robberies. In its reply to the order to show cause, respondent agrees with petitioner’s contention that the trial court erred in imposing the two-year enhancements under section 12022, subdivision (b), because petitioner was not…