People v. Lawson

Opinion

BROWN (G. A.), P. J.

We filed our former opinion in this cause on March 7, 1980, holding that under the determinate sentencing law (DSL) a consecutive term constitutes an enhancement within the dual use of facts prohibition. The respondent filed a petition for rehearing, making a number of arguments which had not been made before. We granted a rehearing and heard oral arguments. After further consideration we have decided that our original conclusion was correct. Accordingly, we refile the opinion with some additional discussion of the points raised by the respondent which have…