Section 667(e)(2)(C)(iii) does not define "armed." California courts have construed "armed" under this section to mean "having it 'available for use, either offensively or defensively.'" (People v. Byers (2020) 53 Cal.App.5th 1106, 1110 (Byers); People v. Blakely (2014) 225 Cal.App.4th 1042, 1051; People v. Osuna (2014) 225 Cal.App.4th 1020, 1029 (Osuna), disapproved on another ground by People v. Frierson (2017) 4 Cal.5th 225 (Frierson); see also People v. Bland (1995) 10 Cal.4th 991, 997 (Bland) [construing "armed" as used in section 12022 to mean "the defendant has the specified weapon available for use, either offensively or defensively."].)
[Citation.]" (People v. Byers (2020) 53 Cal.App.5th 1106, 1110.)
(See, e.g., People v. Superior Court (Cervantes) (2014) 225 Cal.App.4th 1007, 1011 [the defendant was armed when he was detained in the doorway of the home and the firearm was in an adjacent bedroom]; People v. Hicks (2014) 231 Cal.App.4th 275, 284 [the defendant was armed when he was detained outside an apartment building and the firearm was found in the defendant's backpack inside an apartment]; People v. Elder (2014) 227 Cal.App.4th 1308, 1317 [the defendant was armed when he was detained outside the front door and two guns were found inside his apartment].) Appellant relies on People v. Byers (2020) 53 Cal.App.5th 1106 (Byers), but it is factually dissimilar. Byers discussed the difference between being “armed” with a firearm and “possession” of a firearm.
A defendant is armed if the defendant has the specified weapon available for use, either offensively or defensively." (Bland, supra, 10 Cal.4th at p. 997; see People v. Byers (2020) 53 Cal.App.5th 1106, 1110 ["a defendant is armed with a weapon even if it is not on his person if he knows it is in a place readily accessible to him"].) See also Valdez, supra, 10 Cal.App.5th at pp. 1349, 1352-1353 [weapon must be available at some point in course of crime but need not facilitate crime].)
The men were together when police pulled them over and found the gun. Furthermore, the jury's verdict that Cathy was a felon in possession of a firearm, while not dispositive (see People v. Byers (2020) 53 Cal.App.5th 1106, 1111 -1112), supports the finding that Cathy had ready access to a firearm.
" (People v. Byers (2020) 53 Cal.App.5th 1106, 1110.)