What is the disposition of a motion to appeal against a conviction for possession of a firearm for assault with intent to endanger life?

California, United States of America

The following excerpt is from People v. Elder, C073731 (Cal. App. 2014):

Our opinion having resolved adversely to defendant the statutory interpretation issue that possession of a gun includes being armed with a gun, and the legal issue of the proper scope of the record of conviction, defendant was ineligible for resentencing on the facts present in his record of conviction, and the denial of his petition could not as a result have affected his substantial rights. As in People v. Turrin, supra, 176 Cal.App.4th 1200, our selection of disposition here should be dismissal of the appeal. **(CERTIFIED FOR PUBLICATION)**

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