California Court of Appeal

The trial court's determination that defendant was ineligible for resentencing under the Three Strikes Reform Act of 2012 is reversed and remanded, where: 1) a person convicted of being a felon in possession of a firearm is not automatically disqualified from resentencing by virtue of that conviction; such a person is disqualified only if he or she had the firearm available for offensive or defensive use; 2) disqualifying factors need not be pled and proved to a trier of fact beyond a reasonable doubt; and 3) here, it is unclear whether the trial court based its finding of ineligibility on reliable and admissible portions of the record of conviction.

Appellate Information

• Decided 04/24/2014
• Published 04/24/2014

Judges

• DETJEN

Court

• California Court of Appeal

Counsel