I concur in all but part V of the majority opinion. In part V the majority holds it was proper to impose enhancements under both Penal Code section 12022.5, subdivision (a) and Penal Code section 12022.7.1 (Maj. opn., ante, at p. 1738.) I respectfully dissent because the facts of this case do not support the majority’s holding. In a case such as this, involving discharge of a firearm at an occupied motor vehicle, section 12022.5, subdivision (a) is not applicable. The applicable section is 12022.5, subdivision (b) (1). Therefore, the trial court’s discretionary power, under section 1170.1, subdivision (e), to impose enhancements under both section 12022.5, subdivision (a) and section 12022.7 is irrelevant. I will expand on my understanding of this confabulation of enhancement sections below.
In sentencing defendant on his conviction for attempted murder, the trial court imposed a consecutive five-year enhancement for personal use of a firearm under section 12022.5, subdivision (a). That subdivision provides, in *1740relevant part, “Except as provided in subdivisions (b) and (c), any person who personally uses a firearm in the commission or attempted commission of a felony shall, upon conviction of such felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of imprisonment in the state prison for three, four, or five years, . . .” Although the trial court was correct in imposing an enhancement for the personal use of a firearm, the court imposed the enhancement under the wrong subdivision of section 12022.5. As will appear, this error was prejudicial to the defendant.
The trial court should have imposed the firearm enhancement under subdivision (b) (1) of section 12022.5. That subdivision provides, in relevant part, “Notwithstanding subdivision (a), any person who is convicted of a felony [including] attempted murder, in which that person discharged a firearm at an occupied motor vehicle which caused great bodily injury or death to the person of another, shall, upon conviction of that felony or attempted felony, in addition and consecutive to the sentence prescribed for the felony or attempted felony, be punished by an additional term of imprisonment in the state prison for five years.” (Italics added.)
Where applicable, an enhancement under subdivision (b) (1) is mandatory: by its terms, subdivision (a) applies “except as provided” in subdivision (b) and subdivision (b), by its terms, applies “notwithstanding subdivision (a).” Subdivision (b) is applicable under the facts of this case because defendant was convicted of attempted murder and the jury found defendant discharged a firearm at an occupied motor vehicle which caused great bodily injury.
The trial court’s error was prejudicial because although, as the majority correctly observes, the court could impose enhancements under both sections 12022.5, subdivision (a) and 12022.7 (great bodily injury), the court is prohibited from imposing enhancements under both section 12022.5 subdivision (b)(1) and section 12022.7.
The Legislature has provided, as a general rule, when enhancements under sections 12022.5 and 12022.7 may be imposed for a single offense, only the greatest enhancement shall apply. (§ 1170.1, subd. (e).) The Legislature has further provided, as an exception to this general rule, that in the case of attempted murder the court may impose both an enhancement under subdivision (a) of section 12022.5 and an enhancement under section 12022.7. (Ibid.) This is the discretion of which the majority speaks. (Maj. opn., ante, at p. 1738.) However, the present case does not fall within this exception, even though it involves an attempted murder, because the attempted murder *1741also involved the defendant’s discharging a firearm at an occupied vehicle causing great bodily harm. As I explained above, when this particular set of facts is present, the applicable firearm use enhancement is under subdivision (b) (1), not subdivision (a), of section 12022.5. The exception allowing the imposition of both the firearm use enhancement and the great bodily injury enhancement only applies when the firearm use enhancement is under subdivision (a). Therefore, the exception is not applicable here and it was error to enhance defendant’s sentence under both sections 12022.5 and 12022.7.
A petition for a rehearing was denied December 15, 1992, and appellant’s petition for review by the Supreme Court was denied March 11, 1993. Mosk, J., and Kennard, J., were of the opinion that the petition should be granted.
All references are to the Penal Code.