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):
This court seemed to be in basic agreement that there is a separation between possession and armed possession in People v. Elder (2014) 227 Cal.App.4th 1308, 174 Cal.Rptr.3d 795, citing White and noting that White "makes the point that if constructive possession was the basis for the prior conviction, not every conviction for possession will establish that a defendant was armed." (Id. at p. 1314, fn. 7, 174 Cal.Rptr.3d 795.) Elder itself makes the point that "not
[10 Cal.App.5th 1361]
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