Can a defendant appeal his sentence under section 12025, subdivision (b) of the California Criminal Code for carrying a concealed weapon?

California, United States of America

The following excerpt is from People v. Hurtado, 47 Cal.App.4th 805, 54 Cal.Rptr.2d 853 (Cal. App. 1996):

Defendant contends he was improperly sentenced under the Three Strikes law. He claims the court could not enhance his sentence under section 12025, subdivision (b), which makes carrying a concealed weapon a felony if the defendant had a previous felony conviction, and also enhance his sentence pursuant to the Three Strikes law. According to defendant, doing so violates section 654 and People v. Jones (1993) 5 Cal.4th 1142, 22 Cal.Rptr.2d 753, 857 P.2d 1163.

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Can a defendant appeal his sentence under section 12025, subdivision (b) of the California Criminal Code for carrying a concealed weapon?

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