Does section 1170.126 of the California Criminal Code apply to a defendant convicted merely of possessing a firearm without any other offence?

California, United States of America


The following excerpt is from People v. Brown, B271179 (Cal. App. 2016):

As defendant recognizes, courts have repeatedly rejected his contention that disqualification from Proposition 36 relief requires that arming with a firearm must be tethered to an offense other than possession of a firearm by a felon. "Defendant posits various arguments designed to convince us that section 1170.126 should nonetheless be construed as precluding a finding that a defendant convicted merely possessing a firearm, without any other offense, is ineligible for resentencing relief. We find none convincing." (People v. White (2016) 243 Cal.App.4th 1354, 1363-1365 ["the electorate was entitled to draw a line decreeing that any third strike felon who was actually armed with a prohibited firearmno matter how benign the circumstanceswas categorically

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