Is a convicted felon in possession of a firearm ineligible for resentencing?
California, United States of America
The following excerpt is from People v. Ortega, F067800 (Cal. App. 2015):
In People v. Osuna (2014) 225 Cal.App.4th 1020, 1030 (Osuna), we noted that a conviction for felon in possession of a firearm would not render an inmate ineligible for resentencing unless the facts of the case establish that the defendant had the firearm available for offensive or defensive use. Here, however, the facts of defendant's conviction establish he not only possessed a sawed-off shotgun, but also pointed the
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