People v. Ledesma

Opinion

BROWN, J.

Is imposition of a sentencing enhancement for personal use of a firearm discretionary or mandatory when the underlying offense is assault *93with a firearm? (Pen. Code, § 245, subd. (a)(2).)1 If discretionary, as the Court of Appeal held in People v. Campbell (1995) 40 Cal.App.4th 1666 [48 Cal.Rptr.2d 340], the trial court must state its reason for imposing any additional term. (§ 1170, subd. (c).) If mandatory, as the Court of Appeal held in People v. Hill (1989) 207 Cal.App.3d 1574 [255 Cal.Rptr. 772], imposition of the midterm is not a sentencing choice and requires no…