California § 1170.89. 1170.89. (Amended by Stats. 2005, Ch. 279, Sec. 11.)

California Statutes

§ 1170.89. — 1170.89. (Amended by Stats. 2005, Ch. 279, Sec. 11.)

California § 1170.89.

JurisdictionCalifornia

Code PENPenal Code - PEN

Title7.

Part 2.TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT

Ch. 4.5.CHAPTER 4.5. Trial Court Sentencing

Art. 1.ARTICLE 1. Initial Sentencing

This text of California § 1170.89. (1170.89. (Amended by Stats. 2005, Ch. 279, Sec. 11.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Penal Code - PEN Code § 1170.89. (2026).

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.

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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.