Can a defendant be convicted of possession of a firearm based on constructive possession of the firearm?

California, United States of America


The following excerpt is from People v. Inzunza, B288621 (Cal. App. 2019):

for resentencing under Proposition 36, it would have listed former section 12021, subdivision (a), as an excluded offense under section 1170.126, subdivision (e)(2), but did not do so. But a defendant can be convicted of possession of a firearm based on constructive possession of the firearm where the firearm is under the person's dominion and control, even though it is not available for use. (People v. Blakely, supra, 225 Cal.App.4th at p. 1052; Osuna, supra, 225 Cal.App.4th at p. 1030.)

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