Does proximity between a drug dealer and an alleged drug dealer in possession of an assault weapon constitute an enhancement to an assault charge?

California, United States of America


The following excerpt is from People v. Bland, 10 Cal.4th 991, 43 Cal.Rptr.2d 77, 898 P.2d 391 (Cal. 1995):

[10 Cal.4th 1008] In my view this case does not call for us to set forth a general rule that proximity does, or does not, per se establish "arming." The only question before us is whether the evidence here was sufficient to allow an inference this defendant was armed with an assault weapon in the commission of possession of cocaine base for sale. Our task is merely to determine whether a reasonable trier of fact could have found the prosecution sustained its burden of proving the enhancement beyond a reasonable doubt. (People v. Tenner (1993) 6 Cal.4th 559, 567, 24 Cal.Rptr.2d 840, 862 P.2d 840.) I would affirm the arming finding in this case because all the circumstances--the place and manner in which the weapons were stored, the type and number of weapons, their proximity to the drugs--together allow a reasonable inference the assault weapon was kept in a place of ready access in order to facilitate possession of illegal drugs.

1 Further undesignated statutory references are to the Penal Code.

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