People v. Oates

88 P.3d 56, 12 Cal. Rptr. 3d 325, 32 Cal. 4th 1048, 2004 Cal. Daily Op. Serv. 3565, 2004 Daily Journal DAR 4990, 2004 Cal. LEXIS 3617
CourtCalifornia Supreme Court
DecidedApril 26, 2004
DocketS106796
StatusPublished
Cited by165 cases

This text of 88 P.3d 56 (People v. Oates) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Oates, 88 P.3d 56, 12 Cal. Rptr. 3d 325, 32 Cal. 4th 1048, 2004 Cal. Daily Op. Serv. 3565, 2004 Daily Journal DAR 4990, 2004 Cal. LEXIS 3617 (Cal. 2004).

Opinions

Opinion

CHIN, J.

Penal Code section 12022.53, which is also known as the 10-20-life law, prescribes substantial sentence enhancements for using a firearm in the commission of certain listed felonies.1 Subdivision (b) of the statute provides for an additional and consecutive 10-year prison term for anyone convicted of a listed felony “who, in the commission of’ that felony, “personally uses a firearm” (hereafter subdivision (b) enhancement). Subdivision (c) of the statute increases the added penalty to 20 years if the criminal “personally and intentionally discharges a firearm” in the commission of the listed crime (hereafter subdivision (c) enhancement). Subdivision (d) of the statute makes the added punishment “25 years to life” if the criminal, “in the commission of’ the listed felony, “personally and intentionally discharges a firearm and proximately causes great bodily injury ... or death, to any person other than an accomplice” (hereafter subdivision (d) enhancement). The statute also provides that “[o]nly one additional term of imprisonment under this section shall be imposed per person for each crime,” and directs the court to impose “the enhancement that provides the longest term of imprisonment” where “more than one enhancement per person is found true under this section.” (§ 12022.53, subd. (f).)

We granted review in this case to determine the proper application of these provisions where a defendant fires two shots at a group of five people, but hits and injures only one. The Court of Appeal held that even where such a defendant is convicted of five counts of attempted premeditated murder—one for each person in the group—because only one person has been injured, section 654’s prohibition against multiple punishment for a single act or omission permits imposition of only one subdivision (d) enhancement with respect to a single count. As to the other counts, the Court of Appeal held that [1053]*1053subdivision (c) enhancements are proper. We find that the Court of Appeal erred and that imposition of multiple subdivision (d) enhancements is proper under these circumstances. We reverse the Court of Appeal’s judgment insofar as it directed otherwise.

Factual Background

On the afternoon of September 11, 1999, members of the North Side Ontario gang (NSO), including Victor Mendoza, Gustavo Barrera and Walter Ramirez, entered territory claimed by NSO’s rival, the East Side Ontario gang (ESO). Mendoza got into a fistfight with an ESO associate. Defendant Jimmie Lee Oates is an ESO member.

That night, after returning to territory claimed by NSO, Mendoza, Barrera and Ramirez went to the home of another NSO member, Manuel Castrejon. About 10:00 p.m., as Mendoza, Barrera, Ramirez, and Castrejon socialized in front of Castrejon’s house with Jose Gonzalez, another NSO member, a green car drove down the street and stopped in front of the house. Someone inside the car fired two shots at the group, and the car sped away. The first shot hit Barrera in the leg, which had to be amputated as a result.

Shortly after the shooting, a California Highway Patrol officer spotted the dark green car and began pursuit. He saw three people in the car, including defendant in the front passenger seat. The car eventually stopped and its occupants fled on foot. The officer apprehended defendant, who admitted that he had been a passenger in the car. The other occupants were also apprehended and identified as ESO gang members. A subsequent search along the car’s attempted escape route turned up a .44-caliber handgun bearing one of defendant’s fingerprints and containing two empty cartridges and four live rounds. The live rounds were jacketed, hollow-point cartridges, which are designed to mushroom on impact so as to cause more severe injury. One of the rounds had an additional modification that was also designed to inflict more severe injury; an X shape sawed through its nose, resulting in fragmentation upon impact.

Based on these events, the San Bernardino County District Attorney later filed an information charging defendant with, as here relevant, five counts of attempted premeditated murder, one for each person in the group at which he fired. As to each of these counts, the information also alleged enhancements under subdivisions (b), (c), and (d) of section 12022.53. The jury convicted defendant of all five counts and found true all of the associated section 12022.53 enhancement allegations. In sentencing defendant for the attempted murder of Barrera—count 1—the trial court added a subdivision (d) enhancement of 25 years to life to the punishment for the underlying crime. It also [1054]*1054imposed a subdivision (b) enhancement and a subdivision (c) enhancement, but “stay[ed]” them pursuant to section 12022.53, subdivision (f). For the attempted murder of Castrejon—count 5—the trial court imposed a consecutive term that included a 20-year subdivision (c) enhancement. It also imposed a subdivision (b) enhancement and a subdivision (d) enhancement, but “stay[ed]” the former “pursuant to” section 12022.53, subdivision (f), and stayed the latter “pursuant to [section] 654.” For the three remaining attempted murder convictions—counts 3, 4 and 6—the court imposed concurrent sentences. Each of those concurrent sentences included a subdivision (b) enhancement and a subdivision (c) enhancement that the court “stayed pursuant to” subdivision (f) of section 12022.53, and a subdivision (d) enhancement that the court “stayfed] . . . pursuant to [section] 654.”

On appeal, defendant argued in part that, as to each attempted murder conviction, instead of imposing three section 12022.53 enhancements and then staying two of the imposed enhancements, under subdivision (f) of section 12022.53, the trial court should have actually imposed only one section 12022.53 enhancement. Although the People agreed with defendant, they asserted that the trial court should have imposed one subdivision (d) enhancement for each conviction and “that the lesser enhancements should have been stricken.” Thus, the People argued, with respect to count 5, the trial court should have imposed a subdivision (d) enhancement instead of a subdivision (c) enhancement. The Court of Appeal agreed with defendant that, under subdivision (f) of section 12022.53, it had to “strike all section 12022.53 enhancements imposed ... in excess of one per crime” and impose “only the greatest enhancement” applicable under that section. The Court of Appeal also agreed with defendant that section 654 precludes imposition of two subdivision (d) enhancements—one for count 1 and one for count 5—based on the single injury to Barrera. Thus, the Court of Appeal concluded, with respect to count 5, the trial court properly imposed a subdivision (c) enhancement instead of a subdivision (d) enhancement. However, the Court of Appeal continued, subdivision (f) of section 12022.53 required the trial court to strike the impermissible subdivision (d) enhancement rather than stay it, “since the court also imposed a [subdivision (c) enhancement] on the same count.” We then granted the People’s petition for review.

Discussion

In their petition for review, the People challenged the Court of Appeal’s holding that section 654 precludes imposition of separate subdivision (d) enhancements with respect to counts 1 and 5 for the single injury to Barrera. This holding necessarily implicates a threshold question: whether, section 654 aside, section 12022.53 itself calls for imposition of multiple subdivision (d) [1055]

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Bluebook (online)
88 P.3d 56, 12 Cal. Rptr. 3d 325, 32 Cal. 4th 1048, 2004 Cal. Daily Op. Serv. 3565, 2004 Daily Journal DAR 4990, 2004 Cal. LEXIS 3617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-oates-cal-2004.