California Court of Appeal

The trial court's order denying defendant's petition filed under the Three Strikes Reform Act, in which he asked the trial court to recall his life sentence and resentence him as a second strike offender, is affirmed, where: 1) when, as here, the record establishes that a defendant convicted under the pre-Proposition 36 version of the Three Strikes law as a third strike offender of possession of a firearm by a felon was armed with the firearm during the commission of that offense, the armed-with-a-firearm exclusion applies and the defendant is not entitled to resentencing relief under the Reform Act; and 2) in such a case a trial court may deny resentencing relief under the armed-with-a-firearm exclusion even if the accusatory pleading, under which the defendant was charged and convicted of possession of a firearm by a felon, did not allege he or she was armed with a firearm during the commission of that possession offense.

Appellate Information

• Decided 01/28/2014
• Published 01/28/2014

Judges

• NARES

Court

• California Court of Appeal

Counsel