California Legal Codes and Statutes

§ 1170.89

Amended by Stats. 2005, Ch. 279, Sec. 11. Effective January 1, 2006.

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.

Cite this section

Cal. Pen. Code § 1170.89 (2026)
https://ca.codecond.com/codes/pen/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/section-1170.89

Other sections in Article 1 - Initial Sentencing

§ 1170§ 1170.02§ 1170.05§ 1170.06§ 1170.1§ 1170.11§ 1170.12§ 1170.125§ 1170.126§ 1170.127…§ 1170.8§ 1170.81§ 1170.82§ 1170.84§ 1170.85§ 1170.86§ 1170.89§ 1170.9§ 1170.91§ 1171

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