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California Court of Appeal


People v. Superior Court (Martinez), F066967

The People's petition for a writ of mandate challenging the trial court's determination that defendant was eligible for resentencing under the Three Strikes Reform Act of 2012 is granted, where: 1) an inmate serving a 25-years-to-life term under the three strikes law may be found to have been "armed with a firearm" in the commission of his or her current offense, so as to be disqualified from resentencing under the Act, even if he or she did not carry the firearm on his or her person; and therefore, 2) the People are entitled to writ review of the trial court's contrary conclusion.

Appellate Information

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

Judges

  • DETJEN

Court

  • California Court of Appeal

Counsel

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