California, United States of America
The following excerpt is from People v. Contreras, 2d Crim. No. B266960 (Cal. App. 2016):
Nothing in the statute requires the "arming" to be "in addition to," simple possession of a firearm. Rather the statute disqualifies an inmate from resentencing if, "'[d]uring the commission of the current offense, the defendant . . . was armed with a firearm . . . .'" ( 667, subd. (e)(2)(C)(iii), 1170.12, subd. (c)(2)(C)(iii).) The phrase "'armed with a firearm' has been statutorily defined and judicially construed to mean having a firearm available for use, either offensively or defensively. [Citations.]" (People v. Osuna, supra, 225 Cal.App.4th at p. 1029.) "'It is the availability-the ready access-of the weapon that constitutes the arming.' [Citation.]" (People v. Bland (1995) 10 Cal.4th 991, 997.) In addition, the statutory exclusion applies where the offender was
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