Supreme Court of California

Under Penal Code section 12022, where (1) a defendant, while perpetrating a drug offense, knows of the presence and location of a firearm near the drugs, (2) the proximity of the gun to the drugs is not the result of mere accident or happenstance, and (3) the defendant is in a position to use the gun offensively or defensively to aid in the commission of the offense, defendant's purpose for placement of the gun does not negate the arming allegation as construed in People v. Bland, Cal.4th 991, nor warrant special instruction to that effect.

Appellate Information

• Decided 04/07/2008
• Published 04/07/2008

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• Supreme Court of California

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