Does being a felon in possession of a firearm make a defendant ineligible for resentencing?

California, United States of America


The following excerpt is from People v. Bloodsaw, B263336 (Cal. App. 2016):

being a felon in possession of a firearm make a defendant ineligible for resentencing. (See People v. White, supra, 243 Cal.App.4th at p. 1364.) For another, the electorate apparently wished ineligibility to turn on whether the defendant used or was armed with a firearm or weapon, not whether he or she was convicted of a firearm possession crime or a firearm enhancement was found true. Section 667, subdivision (e)(2)(C)(iii) facilitates this goal, whereas simply listing statutory sections would not. We also disagree that the phrase "during the commission of the current offense" is meaningless unless the current offense is "something to which the arming attaches," as Bloodsaw suggests. The armed-during-the-commission language in section 667, subdivision (e)(2)(C)(iii) makes clear that mere possession of a firearm without arming is not a disqualifying crime. (See People v. White, supra, at p. 1364.)

Bloodsaw further contends that a comparison of the language in section 667, subdivisions (e)(2)(C)(i), (ii), and (iii) indicates the electorate intended to exclude firearm possession offenses from subdivision (iii). He points out that subdivisions (i) and (ii) begin by stating, "[t]he current offense is," whereas subdivision (iii) begins with the phrase, "[d]uring the commission of the current offense." He urges this "change in structure is telling" because where the electorate intended to exclude specific offenses the statute so states, but where the intent was to "exclude an offense only if something beyond its mere commission occurs, it states 'during the commission of' the offense something else happens." We do not find this significant. First, the statutory language is clear and unambiguous. Under these circumstances there is no need for construction. (People v. Blakely, supra, 225 Cal.App.4th at p. 1053.) Even if we agreed

Page 19

Other Questions


When a defendant is convicted of possession of a firearm by an ex-felon, is the jury required to agree on which one or more of the guns defendant possessed? (California, United States of America)
Can a felon in possession of a firearm be punished separately for the possession and the crime in which the felon used the firearm? (California, United States of America)
Is a convicted felon convicted of assault with a deadly weapon and felon in possession of a firearm prohibited from possessing a firearm? (California, United States of America)
What are some cases where a defendant was convicted of possessing a firearm by convicted felon and carrying a concealed firearm? (California, United States of America)
Does section 654 of the California Criminal Code prohibit multiple punishment for possession of a firearm by a convicted felon and possession of ammunition by a felon? (California, United States of America)
Is there any case law where a convicted felon in possession of a firearm during the commission of his current felon-in-possession conviction? (California, United States of America)
Does a conviction for felon in possession of a firearm render an inmate ineligible for resentencing? (California, United States of America)
Does a defendant charged with being an ex-felon in possession of a firearm stipulate to be a former felon? (California, United States of America)
Can a convicted felon who is in possession of a firearm for a short period of time, but who has not been convicted of a criminal offence under section 12021 of the California Penal Code, can he continue to possess the firearm? (California, United States of America)
Is a convicted felon in possession of a firearm ineligible for resentencing? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.