Can a defendant who was not present at the time of the discovery of drugs and two assault weapons under section 12022 of the Criminal Code apply for an increase in his sentence?
California, United States of America
The following excerpt is from People v. Bland, 10 Cal.4th 991, 43 Cal.Rptr.2d 77, 898 P.2d 391 (Cal. 1995):
Relying on a recent Court of Appeal decision, People v. Balbuena (1992) 11 Cal.App.4th 1136, 1139, 14 Cal.Rptr.2d 640, defendant contends that because he was not present when the police found the drugs together with the guns, he cannot be subject to section 12022's sentence increase for being "armed ... in the commission ... of a felony." We disagree.
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