Is a convicted felon in possession of a firearm disqualified from resentencing?

In People v. Blakely (2014) 225 Cal.App.4th 1042 (Blakely), the court held that a defendant convicted of being a felon in possession of a firearm is not automatically disqualified from resentencing because of that conviction. Such a defendant is disqualified for resentencing only if he or she had the firearm available for offensive or defensive use. (Id. at pp. 1048, 1056-1063.)

In People v. Osuna (2014) 225 Cal.App.4th 1020 (Osuna), the court held that where there are facts in the record of conviction showing the defendant was armed with a firearmmeaning it was available for immediate offensive or defensive useduring the commission of the defendant's current offense, the defendant is disqualified from resentencing under the Act even though he or she was convicted of possessing the firearm and not of being armed with it. (Id. at pp. 1026-1027.)