Does the term "armed with a firearm in the commission of a felony" in section 1170.126 of the California Criminal Code apply to a possessory offence?

California, United States of America


The following excerpt is from People v. White, 197 Cal.Rptr.3d 397, 243 Cal.App.4th 1354 (Cal. App. 2016):

arming enhancement uses the phrase "armed with a firearm in the commission of a felony" ( 12022, subd. (a)(1), italics added), subdivision (e)(2) of section 1170.126 incorporates by reference the phrase "[d ]uring the commission of the current offense." (Italics added.) While the former phrase, as explained in Bland, means the arming not only must occur during the commission of the felony, but must also facilitate itthe latter phrase specifically requires only that the arming occur during the commission. That states a different rule which would not exclude possessory offenses as a basis for finding a defendant was armed for purposes of determining eligibility for resentencing relief under section 1170.126. This same conclusion was reached in People v. Osuna (2014) 225 Cal.App.4th 1020, 10311032, 171 Cal.Rptr.3d 55, and we concur in its reasoning on that point.

Other Questions


Does section 12022, subdivision (a)(1) of the California Criminal Code apply to a defendant who is "armed with a firearm in the commission or attempted commission of a felony"? (California, United States of America)
Does section 12022.5, subdivision (a) of the California Penal Code, section 120 22.5(1) of Section 1385(2) apply to a defendant who personally uses a firearm in the commission of a felony or attempted felony? (California, United States of America)
Does section 186.22.22, subdivision (b)(4)(4) of the California Criminal Code apply to a person who, in the commission of a felony, personally and intentionally discharges a firearm while participating in a criminal street gang? (California, United States of America)
Does section 12022.5, subdivision (b) of the California Criminal Code apply to a defendant found to have "personally use" a firearm during the commission of a felony? (California, United States of America)
Does section 12022 of the California Criminal Code apply to a person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony? (California, United States of America)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
Is a defendant who failed to argue that section 654 of the California Criminal Code applies to his possession of a firearm by the firearm by felon convicted of a similar offence under the same law? (California, United States of America)
What is the effect of using section 654 rather than section 667.6 of the California Criminal Code when rejecting a defendant's claim that three criminal offences arose from the same incident? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.