People v. Rodriguez (2009)

In People v. Rodriguez (2009) 47 Cal.4th 501, the defendant, a member of the Varrio Nuevo Estrada (VNE) criminal street gang, fired five to six shots at three victims, all of whom were members of the rival 18th Street gang. (Rodriguez, supra, 47 Cal.4th at p. 504.) When arrested, the defendant admitted firing the shots in retaliation for the 18th Street gang's assault on another VNE member. (Ibid.) The jury found the defendant guilty of three counts of assault with a firearm (one count for each victim), and as to each count made findings under two sentencing enhancement statutes: (1) that defendant personally used a firearm under section 12022.5, subdivision (a); and (2) that he committed a "violent felony," as defined by section 667.5, subdivision (c), to benefit a criminal street gang under section 186.22, subd. (b)(1)(C). (Rodriguez, supra, at p. 505.) For each separate assault count, the trial court imposed enhancements under both sentencing statutes. (47 Cal.4th at p. 505.) The Supreme Court reversed the trial court's sentence on the basis of section 1170.1, subdivision (f), which provides: "When two or more enhancements may be imposed for being armed with or using a dangerous or deadly weapon or a firearm in the commission of a single offense, only the greatest of those enhancements shall be imposed for that offense. This subdivision shall not limit the imposition of any other enhancements applicable to that offense, including an enhancement for the infliction of great bodily injury." The Supreme Court reasoned that the defendant received two enhancements for his use of a firearm against each victim: one enhancement under section 12022.5, subdivision (a), and another enhancement under section 186.22, subdivision (b)(1)(C). (Rodriguez, supra, 47 Cal.4th at p. 508.) "Because two different sentence enhancements were imposed for defendant's firearm use in each crime," the Supreme Court concluded that "section 1170.1[,] subdivision (f) requires that 'only the greatest of those enhancements' be imposed." (Rodriguez, supra, 47 Cal.4th at pp. 508-509.) In other words, the "defendant's firearm use resulted in additional punishment not only under section 12022.5's subdivision (a) (providing for additional punishment for personal use of a firearm) but also under section 186.22's subdivision (b)(1)(C), for committing a violent felony as defined in section 667.5, subdivision (c)(8) (by personal use of firearm) to benefit a criminal street gang. Because the firearm use was punished under two different sentence enhancement provisions, each pertaining to firearm use, section 1170.1's subdivision (f) requires imposition of 'only the greatest of those enhancements' with respect to each offense." (Rodriguez, supra, 47 Cal.4th at p. 509.) The court remanded the matter to the trial court to restructure the sentence so as not to violate section 1170.1, subdivision (f).