What is the test for being armed with a firearm for purposes of determining Proposition 36 eligibility?
California, United States of America
The following excerpt is from People v. Norton, B289556 (Cal. App. 2019):
Many cases have held that being armed with a firearm for purposes of determining Proposition 36 eligibility means having a firearm "available for use, either offensively or defensively." (See, e.g., People v. White (2014) 223 Cal.App.4th 512, 524; People v. Blakely (2014) 225 Cal.App.4th 1042, 1051-1052 (Blakely).) Here, defendant had a magazine clip in his pocket and the
Page 4
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a felon in possession of a firearm count constitute being armed with a firearm within the meaning of an arming enhancement? (California, United States of America)
Does a dangerousness determination need to be made before a hearing to determine whether a defendant's conviction is eligible for Proposition 47 resentencing? (California, United States of America)
Is Tejeda eligible for a resentencing under Proposition 36 if he was armed with a firearm at the time of the crime? (California, United States of America)
How have courts determined eligibility under Proposition 36? (California, United States of America)
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)
How has the court determined that the possession of firearms by an individual without a valid firearms case been prejudicial? (California, United States of America)
What is the test for determining whether there is malice or malice aforethought for the purposes of sentence enhancement purposes? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
What is the test for determining whether a defendant was armed with a firearm during the commission of the crime? (California, United States of America)
What is the burden of proof in determining eligibility for resentencing under Proposition 47? (California, United States of America)
