Is a defendant disqualified from resentencing for a conviction of possession of a firearm by a felon under former section 12021, subdivision (a)?

California, United States of America


The following excerpt is from People v. Pledger, B280130 (Cal. App. 2018):

Pledger contends a defendant is not disqualified from resentencing for a conviction of possession of a firearm by a felon under former section 12021, subdivision (a), unless the defendant was armed with a firearm during commission of "another offense to which the arming attaches." We disagree. Every appellate court that has considered resentencing under Proposition 36 for a conviction of possession of a firearm by a felon under former section 12021, subdivision (a), has rejected this argument. (See People v. Hicks (2014) 231 Cal.App.4th 275, 283-284 [affirming denial of resentencing petition for conviction of former 12021, subd. (a), rejecting defendant's argument that "there must be an underlying felony to which the arming is 'tethered'"]; Osuna, supra, 225 Cal.App.4th at pp. 1029-1030 [rejecting argument that a defendant is only disqualified from resentencing for a

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