Is a convicted felon in possession of a firearm subject to exclusion from resentencing?

that felon in possession is subject exclusion from section 1170.126 resentencing when the defendant was armed during the offense. (People v. Blakely (2014) 225 Cal.App.4th 1042, 1054; People v. White (2014) 223 Cal.App.4th 512, 524.)

Defendant's tethering contention is based on section 12022, which provides an enhancement for being armed with a firearm or personally using a deadly weapon " 'in the commission or attempted commission' of the underlying felony." (People v. Bland (1995) 10 Cal.4th 991, 1002; see also 12022, subds. (a)(1), (b)(1).) Osuna, which addressed ineligibility based on being armed during the commission of felon in possession of a firearm (Osuna, supra, 225 Cal.App.4th at pp. 1027-1206), illustrates why defendant's contention must fail. "[D]efendant was armed with a [deadly weapon] during his possession of the gun, but not 'in the commission' of his crime of possession. There was no facilitative nexus; his having the firearm available for use did not further his illegal possession of it. There was, however, a temporal nexus. Since the [Three Strikes Reform] Act [of 2012] uses the phrase '[d]uring the commission of the current offense,' and not in the commission of the current offense [Citations], and since at issue is not the imposition of additional punishment but rather eligibility for reduced punishment, we conclude the literal language of the Act 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.)