Does a conviction of possession of a firearm or deadly weapon disqualify a defendant from resentencing?
California, United States of America
The following excerpt is from People v. Cavalier, B269617 (Cal. App. 2018):
A conviction of possession of a firearm or deadly weapon does not automatically disqualify a defendant from resentencing. (See People v. Blakely (2014) 225 Cal.App.4th 1042, 1048 [firearm] (Blakely).) To render a defendant ineligible for resentencing, it must appear from the record that the defendant was not only in possession of the weapon, but was also "armed" with the weapon at the time. (Id. at pp. 1052.)
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