People v. Pitto

Opinion

BAXTER, J.

Penal Code section 120221 provides various sentence enhancements for those who are “armed” (id., subd. (a)), or in some cases, “personally armed” (id., subd. (c)), with a firearm “in the commission of’ specified offenses. In People v. Bland (1995) 10 Cal.4th 991 [43 Cal.Rptr.2d 77, 898 P.2d 391] (Bland), which involved the arming enhancement for assault weapons (§ 12022, subd. (a)(2)), we set forth the circumstances in which the trier of fact could infer that the defendant was “armed” with a gun “in the commission of’ a drug crime, and the finding could thus be upheld as…