In what circumstances will a defendant who was convicted of a constructive possession charge be able to petition for recall of his sentence?

California, United States of America

The following excerpt is from People v. Valdez, 10 Cal.App.5th 1338, 217 Cal.Rptr.3d 437 (Cal. App. 2017):

(People v. Bland , supra , 10 Cal.4th at p. 997, 43 Cal.Rptr.2d 77, 898 P.2d 391.) On the record we were provided, it cannot be said that Valdez was armed in the commission of his constructive possession offense. Nor can it be said that my hypothetical defendant, long separated by time and distance from his gun, is forever armed with it and thereby ineligible to petition for recall of his sentence.

For these reasons, I respectfully disagree with the majority's analysis and conclusion in Part IV.B.

Notes:

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