Is a defendant who was personally armed with a firearm during the carjacking a defendant subject to the firearm-related exclusion?
California, United States of America
The following excerpt is from People v. Renteria, B280477 (Cal. App. 2017):
in the commission of the [carjacking]" (former 12022.5, subd. (a)(2)), he is subject to that exclusion. (People v. Quinones (2014) 228 Cal.App.4th 1040, 1044 [jury's finding that defendant was personally armed with gun during commission of offenses established his ineligibility under the firearm-related exclusion].)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a carjacker who carjacks a car containing more than one person be found guilty of carjacking as to each person? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Is there any case law where a jury found a defendant personally armed with a firearm in the commission of the crime? (California, United States of America)
When a defendant has been convicted of both unlawful possession of a firearm and an offense involving or arming with the same firearm, is section 654 of the California Criminal Code applicable? (California, United States of America)
Does a felon in possession of a firearm count constitute being armed with a firearm within the meaning of an arming enhancement? (California, United States of America)
Can a defendant be "armed" simply by having a firearm available for use? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
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 Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Is Proposition 8 a single subject subject to the single subject rule? (California, United States of America)
