What is the test for being "armed with a firearm in the commission" of a felony?

California, United States of America


The following excerpt is from People v. Penaloza, G044756 (Cal. App. 2013):

Noting one is armed within the meaning of the statute if the individual has the firearm "available for use, either offensively or defensively" (People v. Bland, supra, 10 Cal.4th at p. 997), the court concluded that drug possession is a crime of a continuing nature and if the defendant "has a weapon available at any time during the felony to aid in its commission, the defendant is 'armed with a firearm in the commission . . . of a felony.'" (Id. at p. 999.) The court summarized its holding as follows: "[W]hen the prosecution has proved a charge of felony drug possession, and the evidence at trial shows that a firearm was found in close proximity to the illegal drugs in a place

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