People v. Bland

Opinion

KENNARD, J.

Penal Code section 120221 imposes an additional prison term for anyone “armed with a firearm in the commission” of a felony. The question we resolve here is this: is a defendant convicted of a possessory drug offense subject to this “arming” enhancement when the defendant possesses both drugs and a gun, and keeps them together, but is not present when the police seize them from the defendant’s house? The answer is: yes.

Possessory drug offenses are continuing crimes that extend throughout a defendant’s assertion of dominion and control over the drugs, even when the drugs are…