Is an inmate entitled to resentencing if he or she is armed with a firearm during the unlawful possession of that firearm?
California, United States of America
The following excerpt is from People v. Bloodsaw, B263336 (Cal. App. 2016):
the current offense ( 667, subd. (e)(2)(C)(iii), 1170.12, subd. (c)(2)(C)(iii)), and since at issue is not the imposition of additional punishment but rather eligibility for reduced punishment, . . . the literal language of the Act disqualifies an inmate from resentencing if he or she was armed with a firearm during the unlawful possession of that firearm." (People v. Osuna, supra, at p. 1032.)
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