People v. Nelums

Opinion

RICHARDSON, J.

Is a person “armed with a firearm” when the weapon is inoperable? We hold that he is for purposes of sentencing enhancement.

Defendant Roger Nelums appeals from a judgment of conviction following his plea of guilty to three counts of robbery. (Pen. Code, § 211; further statutory references are to this code.) The trial court found that he was armed with a firearm during the commission of one of the robberies (§ 12022, subd. (a)). Defendant’s sole contention on appeal is that the trial court erred both in excluding evidence that the firearm was inoperable and in imposing the…