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Name: People v. Becker
Case #: G025753
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/23/2000
Subsequent History: Review denied 11/15/00

The firearm arming enhancement defined in Penal Code section 12022, subdivision (a)(1), can be applied to a conspiracy conviction because conspiracy is a continuing offense, and the firearm need only have been available for use at some time during the conspiracy. While the trial court was incorrect in stating that the length of the sentence was not something it could consider in deciding a motion to strike a prior “strike” conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, the trial court did not err in refusing to strike appellant’s “strike” prior. The remark simply reflected the court’s intention that the length of the potential sentence was not going to interfere with the trial court’s duty to weigh the appropriate factors bearing on his request to strike. The trial court properly determined “it was not going to let bare antipathy toward the consequences” of appellant’s actions override its judgment.