What is the test for a conviction for possession of cocaine for sale while armed with a firearm?

California, United States of America


The following excerpt is from People v. Garcia, Los Angeles County Super. Ct. No. BA327647, NO.B220550 (Cal. App. 2011):

"[A] true finding under section 12022, subdivision (c), requires proof the defendant personally had a firearm 'at the ready.'" (People v. Gonzales (1992) 8 Cal.App.4th 1658, 1663.) Under the circumstances of this case, the handgun appellant had in the car was "at the ready" to further the commission of the underlying felony. Thus, we conclude that substantial evidence supported the jury's finding on the firearm enhancement on count 1.

B. Conviction for possession of cocaine for sale while armed with a firearm on count 2

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