What is the test for determining whether defendant was armed during the commission of his current criminal conviction?

California, United States of America


The following excerpt is from People v. Buenrostro-Ramirez, F067661 (Cal. App. 2014):

Here, then, we consider whether defendant was armed during the commission of his current offense. To that end, we will turn to an examination of the record of conviction, which properly "extends to the appellate court record" following the direct appeal of defendant's current offenses. (People v. Woodell (1998) 17 Cal.4th 448, 451; see People v. Guilford (2014) 228 Cal.App.4th 651, 660-661.) As noted in the factual summary above, during a traffic stop, a stolen firearm was found in defendant's vehicle.

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