Does the phrase "during the commission of the current offense" need to be interpreted in the context of a firearm possession charge?
California, United States of America
The following excerpt is from People v. Williams, B277220 (Cal. App. 2017):
1312-1314; Blakely, supra, 225 Cal.App.4th at pp. 1051-1057; People v. White, supra, 223 Cal.App.4th at pp. 524-527.) As explained in Osuna, the phrase "during the commission of the current offense" requires "a temporal nexus between the arming and the underlying felony, not a facilitative one" because "[h]aving a gun available does not further or aid in the commission of the crime of possession of a firearm by a felon." (225 Cal.App.4th at p.1032.)
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