California, United States of America
The following excerpt is from People v. Scott, C077132 (Cal. App. 2016):
People v. Blakely (2014) 225 Cal.App.4th 1042, 1058; People v. White (2014) 223 Cal.App.4th 512, 525-527.) Although the trial court did not explicitly find defendant was armed during the commission of the felon in possession count, its statement makes clear that it would make this finding on remand. In light of the trial court's statement and the overwhelming evidence that defendant used and was armed with a firearm during the felon in possession offense, additional briefing on the issue or a remand to the trial court is unnecessary.
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