Is there any case law where a convicted felon in possession of a firearm during the commission of his current felon-in-possession conviction?

California, United States of America


The following excerpt is from People v. Asuncion, B267366 (Cal. App. 2017):

Asuncion contends that the trial court erred in finding that he was armed during the commission of his current offense because "[t]he record of conviction does not indicate that the 'conviction' was based upon conduct that constituted arming." Asuncion further argues that, under People v. Guerrero (1988) 44 Cal.3d 343, the trial court was tasked with examining the record of conviction to determine whether the felon-in-possession offense was committed under circumstances that showed he was armed; in other words, whether the firearms were readily available to him for offensive or defensive use. Here, he argues, there was "no evidence presented at trial that [he] was aware of the exact location of the weapons in the apartment" such that he had ready access to them.

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