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


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

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