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California · Through 2026-09-13

PEN § 1170.89

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Where this section sits in the code
  1. Penal Code - PEN
  2. PART 2. OF CRIMINAL PROCEDURE [681. - 1620.]
  3. TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065. - 1188.]
  4. CHAPTER 4.5. Trial Court Sentencing [1170. - 1172.75.]
  5. ARTICLE 1. Initial Sentencing [1170. - 1171.]

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.

Collected 2026-09-14T05:56:33Z. Source file · JSON

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