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Cal. Rules of Court, rule 1170.89
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§ 1170.89 Where there is an applicable triad for an enhancement related to the possession of, being armed with, use of, or furnishing or supplying a firearm, se…
Part 2: Of Criminal Procedure | Title 7: Of Proceedings After the Commencement of the Trial and Before Judgment | Chapter 4.5: Trial Court Sentencing | Article 1: Initial Sentencing
Rule Text
Where there is an applicable triad for an enhancement related to the possession of, being armed with, use of, or furnishing or supplying a firearm, set forth in Section 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, or 12022.55 the fact that a person knew or had reason to believe that a firearm was stolen shall constitute a circumstance in aggravation of the enhancement justifying imposition of the upper term on that enhancement.
Amendment history: Amended by Stats. 2005, Ch. 279, Sec. 11. Effective January 1, 2006.