Can a defendant appeal his conviction and sentence for possession of a firearm by a convicted felon?

California, United States of America


The following excerpt is from People v. Bell, C091373 (Cal. App. 2021):

In 2005, a jury found defendant guilty of murder in the second degree ( 187, subd. (a), 189) and possession of a firearm by a convicted felon (former 12021, subd. (a)(1)), also finding true defendant personally discharged a firearm ( 12022.53, subd. (d)). The jury acquitted him of first degree murder and robbery. Defendant was sentenced to a total state prison term of 40 years to life.

We affirmed those criminal judgments in 2006. (People v. Bell (Feb. 17, 2006, C050017) [nonpub. opn.].)

In February 2019, defendant filed a petition for resentencing under then newly enacted section 1170.95.

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