Error and/or relief
The trial court erred in imposing and staying enhancements under section 12022.7(e) on counts 2, 3, and 4, and under section 12022.7(a) on count 2, because the jury did not find those allegations true.
Holding:
In their appellate briefing, the parties agree that the trial court erred in imposing and staying enhancements under section 12022.7, subdivision (e) on counts 2, 3, and 4, and under section 12022.7, subdivision (a) on count 2, because the jury did not find those allegations true. In keeping with the parties’ concessions, we strike these four enhancements.
Authority:
Williams v. Superior Court (1964) 226 Cal.App.2d 666, 674 [An express concession or assertion in a brief is frequently treated as an admission of a legal or factual point, controlling in the disposition of the case.]