California, United States of America
The following excerpt is from People v. Rodriguez, B266674 (Cal. App. 2016):
Instead, the trial court took the facts established at trial and arrived at the legal conclusion that defendant was armed with a firearm during the commission of the offense. The phrase "armed with a firearm" in section 667, subdivision (e)(2)(C)(iii) means "having a firearm available for use, either offensively or defensively." (People v. Osuna (2014) 225 Cal.App.4th 1020, 1029 (Osuna); People v. White (2014) 223 Cal.App.4th 512, 524 (White) [it is the availabilitythe ready accessof the weapon that
Page 12
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.