Is a convicted felon in possession of a firearm disqualified from resentencing?

California, United States of America


The following excerpt is from People v. Napoleon, F069193 (Cal. App. 2015):

Next, defendant's brief on appeal suggests that, for the purposes of disqualification under Proposition 36, there must be an additional, underlying felony to which the offense of firearm possession is tethered. As we noted in People v. Osuna, supra, 225 Cal.App.4th at page 1030, "[d]efendant would be correct if we were concerned with imposition of an arming enhancement" rather than the offense of felon in possession of a firearm. However, when, as here, the issue is the offense of felon in possession of a firearm, "the literal language of [Proposition 36] disqualifies an inmate from resentencing if he or she was armed with a firearm during the unlawful possession of that firearm." (Id. at p. 1032.)

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