Is a convicted felon in possession of a firearm available for use at the time of the crime?

with a firearm." (People v. Blakely (2014) 225 Cal.App.4th 1042, 1052.) "For example, suppose a parolee's residence (in which only he lives) is searched and a firearm is found next to his bed. The parolee is in possession of the firearm, because it is under his dominion and control. If he is not home at the time, however, he is not armed with the firearm, because it is not readily available to him for offensive or defensive use." (Ibid.)

Here, the trial court reviewed the relevant trial testimony and this court's prior opinion, and found that appellant had a firearm available for use when he committed the current offense. (See People v. Hicks (2014) 231 Cal.App.4th 275, 285-286 [trial court may rely on facts in appellate opinion to "determine whether defendant was armed during the commission of his felon-in-possession offense"].) That finding was amply supported by the evidence presented at appellant's trial. The trial record established beyond a reasonable doubt that a loaded firearm was located in the center console of the vehicle appellant was driving, readily available for use, either defensively or offensively. Thus, appellant was "armed" during the commission of the offense and accordingly, he was statutorily ineligible for resentencing under section 1170.126.

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The order is affirmed.