California, United States of America
The following excerpt is from People v. White, 197 Cal.Rptr.3d 397, 243 Cal.App.4th 1354 (Cal. App. 2016):
arming enhancement uses the phrase "armed with a firearm in the commission of a felony" ( 12022, subd. (a)(1), italics added), subdivision (e)(2) of section 1170.126 incorporates by reference the phrase "[d ]uring the commission of the current offense." (Italics added.) While the former phrase, as explained in Bland, means the arming not only must occur during the commission of the felony, but must also facilitate itthe latter phrase specifically requires only that the arming occur during the commission. That states a different rule which would not exclude possessory offenses as a basis for finding a defendant was armed for purposes of determining eligibility for resentencing relief under section 1170.126. This same conclusion was reached in People v. Osuna (2014) 225 Cal.App.4th 1020, 10311032, 171 Cal.Rptr.3d 55, and we concur in its reasoning on that point.
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