People v. Palacios

41 Cal. 4th 720, 161 P.3d 519, 62 Cal. Rptr. 3d 145 (2007) · Supreme Court of California · July 12, 2007 · No. S132144

Summary

The California Supreme Court held that Penal Code section 12022.53 requires separate punishment for multiple firearm enhancements arising from a single firearm discharge committed during multiple qualifying felonies. The court concluded that the statute’s “[n]otwithstanding any other provision of law” language overrides any application of Penal Code section 654 to those enhancements. The court reversed the Court of Appeal and directed reinstatement of the two stayed 25-years-to-life enhancements related to the kidnapping convictions.

Holdings

  1. Section 654 does not bar punishment for each section 12022.53, subdivision (d), enhancement when the enhancements arise from the firearm discharge during separate qualifying crimes. The statute requires an additional and consecutive enhancement for each qualifying crime, even when one act and one injury support all of the enhancements.
  2. The phrase is broad and unambiguous and is not limited to other sentencing enhancements; it encompasses section 654.

Questions Presented

  1. Whether Penal Code section 654 bars imposing punishment for multiple Penal Code section 12022.53, subdivision (d), enhancements when a single firearm discharge injures one victim during the simultaneous commission of multiple qualifying felonies.
  2. Whether the phrase "notwithstanding any other provision of law" in section 12022.53 overrides section 654's multiple-punishment prohibition.

Disposition

reversed_and_remanded

Cases Cited (19)

  • People v. Garcia, 28 Cal. 4th 1166, 124 Cal. Rptr. 2d 464, 52 P.3d 648 (2002)(followed)
  • People v. Shabazz, 38 Cal. 4th 55, 40 Cal. Rptr. 3d 750, 130 P.3d 519 (2006)(followed)
  • People v. Barnett, 17 Cal. 4th 1044, 74 Cal. Rptr. 2d 121, 954 P.2d 384 (1998)(followed)
  • People v. Harrison, 48 Cal. 3d 321, 256 Cal. Rptr. 401, 768 P.2d 1078 (1989)(followed)
  • People v. Oates, 32 Cal. 4th 1048, 12 Cal. Rptr. 3d 325, 88 P.3d 56 (2004)(followed)
  • People v. Johnson, 38 Cal. 4th 717, 42 Cal. Rptr. 3d 887, 133 P.3d 1044 (2006)(followed)
  • People v. Benson, 18 Cal. 4th 24, 74 Cal. Rptr. 2d 294, 954 P.2d 557 (1998)(followed)
  • People v. Garcia, 25 Cal. 4th 744, 107 Cal. Rptr. 2d 355, 23 P.3d 590 (2001)(followed)
  • People v. Superior Court (Romero), 13 Cal. 4th 497, 53 Cal. Rptr. 2d 789, 917 P.2d 628 (1996)(distinguished)
  • People v. Hicks, 6 Cal. 4th 784, 25 Cal. Rptr. 2d 469, 863 P.2d 714 (1993)(followed)

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