Can PC 245(d)(2) be enhanced by 12022.53 since a gun is an element of the-crim & the 5th amend protects against double jeopardy?
Section 12022.53 punishes personal use of a firearm. Personal use of a firearm is not an element of section 245(d)(2).
Modesto, CA
Criminal defense Lawyer at Modesto, CA
Practice Areas: Criminal Defense, Violent Crime
Section 12022.53 punishes personal use of a firearm. Personal use of a firearm is not an element of section 245(d)(2).
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