Court Stays Sentencing Enhancement When Defendant Already Punished for the Same Act – PC 654
On January 25, 2011, in People v. Ahmed, the court of appeal stayed imposition of a firearm use enhancement because his other sentencing enhancement for great bodily injury punished the same act.
On August 8, 2006, defendant Amir Ahmed shot his girlfriend causing significant injury. Their stormy relationship included previous instances of mutual amphetamine use and frequent conflicts, and they had been broken up for about a month just prior to the shooting. Because the shooting occurred just after an argument between Ahmed and the victim, the main issue at trial was whether the shooting was accidental or intentional.
Ahmed was found not guilty of attempted murder (PC 187 and PC 664) and attempted voluntary manslaughter (PC 192 and PC 664), but was found guilty of assault with a firearm (PC 245(a)(2)). As to the assault charge, the jury found true the firearm use (PC 12022.5(a)) and great bodily injury (PC 12022.7(e)) special allegations. Neither enhancement was stayed, and the court sentenced Ahmed to a total of 13 years in state prison.
Under Penal Code section 654(a), the same act or omission can only be punished under one provision of law. This means that a person can be convicted of multiple crimes arising from the same criminal act, but can only be sentenced under the Penal Code section that provides for the highest sentence. The court looks to the intent and object of the actor to determine whether a course of conduct is considered the same act or objective. Penal Code section 654 also applies to enhancements under certain circumstances.
The court of appeal held that imposing unstayed sentencing enhancements for both the firearm use and the great bodily injury in these circumstances violated Penal Code 654. The firearm use and great bodily injury enhancements were imposed because of the same act: Ahmed pulling the trigger. Thus, under these circumstances, his sentence could not be enhanced by both special allegations, and the court reduced Ahmed’s sentence to 10 years.
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