P. v. Norton CA2/5
In this appeal from the trial court’s denial of defendant James Kelly Norton (defendant’s) petition for recall of sentence pursuant to Proposition 36, defendant advances an argument that has been unanimously rejected by various published Court of Appeal decisions: that “armed” “during the commission of the current offense,” as used in a statutory provision that makes a petitioning defendant ineligible for Proposition 36 relief, means the firearm must have been used to facilitate a crime rather than being available for offensive or defensive use at the time the crime is committed. Following published authority, we reject defendant’s argument.
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