For the purposes of resentencing on the charge of possession of a firearm and a controlled substance possession count, can a defendant appeal against his sentence?

California, United States of America

The following excerpt is from People v. Turner, B260388 (Cal. App. 2015):

For the same reasons, defendant is also ineligible for resentencing on the controlled substance possession count. Defendant possessed the cocaine at the same time he possessed the gun. Because he was, as explained above, armed while possessing the gun, he was no less armed while simultaneously possessing the cocaine. Where a defendant is armed while possessing a controlled substance, he is ineligible for resentencing on that count. (See People v. Quinones (2014) 228 Cal.App.4th 1040, 1042-1045.)

The order denying the petition for resentencing is affirmed.

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