Does a defendant who pleaded guilty to a charge of possession of a firearm have been entitled to a resentencing?
California, United States of America
The following excerpt is from People v. Myers, 200 Cal.Rptr.3d 19, 245 Cal.App.4th 794 (Cal. App. 2016):
3 Had defendant been armed with a firearm, whether or not an arming enhancement had been pleaded, he would not have been eligible for resentencing. (See People v. Quinones(2014) 228 Cal.App.4th 1040, 10441045, 175 Cal.Rptr.3d 906.) However, the jury acquitted defendant of possession of a firearm by a felon (former 12021, subd. (a)(1)) (Myers I,supra,at p. 1) and the People conceded he was eligible for resentencing.
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