Can a defendant appeal against a finding that he was "armed with a firearm" and "during the commission of the current offense"?

California, United States of America


The following excerpt is from People v. Lopez, B286246 (Cal. App. 2018):

Defendant's appeal is premised solely on the trial court's determination that he was "armed with a firearm" and "[d]uring the commission of the current offense" as those terms are used in sections 667, subdivision (e)(2)(C)(iii) and 1170.12, subdivision (c)(2)(C)(iii). He contends those statutory terms must be construed to require that the arming be "tethered" to the underlying felony such that a "facilitative nexus" exists between the availability of the weapon and the commission of the underlying felony. Defendant's statutory construction claim presents a question of law to which we apply the de novo standard of review. (People v. Martinez (2014) 226 Cal.App.4th 1169, 1181.)

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