The People, Plaintiff and Appellant v. Eric Hung Le, Defendants and Appellants

Summary

The court held that Penal Code section 1170.1, subdivision (f), prohibits imposing both a personal firearm-use enhancement and a gang enhancement when the underlying serious felony qualifies as serious solely because it involved firearm use. Because both enhancements for the assault count rested on the same firearm-related conduct, only the greater firearm enhancement could be imposed, and the Court of Appeal's judgment was affirmed. Chin, J., dissenting, would have permitted the gang enhancement because the underlying assault was independently defined as a serious felony and the gang enhancement was not itself a weapon enhancement.