Docket No. S032900.

10 Cal.4th 991 (1995)

898 P.2d 391

43 Cal. Rptr.2d 77

THE PEOPLE, Plaintiff and Respondent, v. MARVIN BLAND, Defendant and Appellant.

Supreme Court of California.

July 27, 1995.

Attorney(s) appearing for the Case


Teri Sklar, under appointment by the Supreme Court, for Defendant and Appellant.

Gary M. Mandinach as Amicus Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Edgar A. Kerry and Robert P. Whitlock, Deputy Attorneys General, for Plaintiff and Respondent.



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...

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