On remand, on what basis can a defendant appeal his conviction for possession of a firearm by a convicted felon pursuant to Proposition 36?

California, United States of America


The following excerpt is from People v. Meraz, E067708 (Cal. App. 2018):

4. On remand, as far as the record reflects, defendant never filed a petition for resentencing pursuant to Proposition 36. Presumably this is because his conviction for possession of a firearm by a convicted felon was based on evidence that he held and carried a loaded revolver. In 2014, People v. White (2014) 223 Cal.App.4th 512 held that a defendant who was armed during the commission of unlawful possession of a firearm is disqualified from resentencing. (Id. at pp. 524-526.)

5. The abstract of judgment erroneously omits the two 5-year terms imposed on the prior serious felony conviction enhancements.

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