California, United States of America
The following excerpt is from People v. Gonzales, 2d Crim. No. B261367 (Cal. App. 2015):
"For purposes of the Three Strikes law as amended by the Reform Act, this felony offense [possession of a firearm by a felon ( 12021, subd. (a))] is not a violent felony within the meaning of section 667.5, subdivision (c), or a serious felony within the meaning of section 1192.7, subdivision (c)." (People v. White, supra, 223 Cal.App.4th at p. 518.) But where "the record establishes that a defendant convicted under the pre-Proposition 36 version of the Three Strikes law as a third strike offender of possession of a firearm by a felon was armed with the firearm during the commission of that offense, the armed-with-a-firearm exclusion applies and the defendant is not entitled to resentencing relief under the Reform Act." (White, at p. 519, italics added.)
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