Tag Archives: CC 3115

Firearm Near Drugs: “Facilitative Nexus” Not Required
July 10th, 2014

  People v. Pitto (2008) 43 Cal. 4th 228, rejected the “facilitative nexus” set forth by the Court of Appeal which had been adopted by both CC and CJ. Under People v. Pitto, “[w]hen (1) a defendant, while perpetrating a drug offense, knows of the presence and location of a firearm near the drugs, (2) […]

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Second Amendment As Bar To Arming Enhancement
July 1st, 2014

  The United States Supreme Court has held that the Second Amendment guarantees an individual’s right to bear arms. (District of Columbia v. Heller (2008) 554 U.S. 570.) Although the court articulated an exception for felons, the defense position is that this exception does not apply to armed enhancements. The Second Amendment’s protection of the […]

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