The People, Plaintiff and Appellant v. Eric Hung Le, Defendants and Appellants — Chin, J., Dissenting

Summary

In this dissent, Justice Chin argues that the gang enhancement for committing a serious felony should have been imposed because the underlying assault with a semiautomatic firearm was independently classified as a serious felony and the gang enhancement was not a weapon enhancement. The dissent distinguishes the prohibition on duplicative weapon enhancements from the separate gang enhancement and concludes that the majority incorrectly relied on the statutory restriction. Justice Chin further states that, at minimum, the matter should have been remanded for imposition of the ordinary felony gang enhancement.