What is the test for disqualification from resentencing under Proposition 36 of the California Criminal Code for unlawful possession of a firearm?
California, United States of America
The following excerpt is from People v. Pombo, F069204 (Cal. App. 2015):
On appeal, defendant argues that, for the purposes of disqualification under Proposition 36, there must be an additional, underlying felony to which the offense of unlawful firearm possession is tethered. As we noted in People v. Osuna, supra, 225 Cal.App.4th at page 1030, "[d]efendant would be correct if we were concerned with imposition of an arming enhancement" rather than the offense of unlawful possession of a firearm. When, as here, the issue is the offense of unlawful possession of a firearm, "the literal language of [Proposition 36] disqualifies an inmate from resentencing if he or she was armed with a firearm during the unlawful possession of that firearm." (Id. at p.
Page 5
"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.
