Does a felon in possession of a firearm count constitute being armed with a firearm within the meaning of an arming enhancement?

California, United States of America


The following excerpt is from People v. Bullock, C077211 (Cal. App. 2015):

The People's theory of the case at trial was that defendant physically possessed the gun in his pocket and that "one in the same act" also constituted being armed with a firearm within the meaning of the enhancement. Consistent with this theory, the People presented no evidence defendant possessed or used the firearm at any time other than when he had it in his pocket. Thus, there was no " 'possession distinctly antecedent and separate from the primary offense' " (People v. Bradford (1976) 17 Cal.3d 8, 22) warranting separate punishment for the arming enhancement. Thus, the trial court should have stayed the arming enhancement attached to the felon in possession of a gun count.

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