People v. Tirado

Summary

The court held that when a jury finds true the facts supporting a firearm enhancement under section 12022.53(d), the sentencing court may strike that enhancement under section 12022.53(h) and impose a lesser enhancement under section 12022.53(b) or (c), even if the lesser enhancement was not separately charged. The charged allegation and jury finding supplied the facts necessary for the lesser enhancements, and the statutory scheme did not prohibit their imposition. The judgment was reversed and remanded for consideration of the unresolved forfeiture issue.