California Court of Appeal

The trial court's denial of defendant's petition for recall of his sentence under the Three Strikes Reform Act of 2012 is affirmed, where: 1) disqualifying factors need not be pled and proven to a jury beyond a reasonable doubt; 2) where there are facts in the record of conviction that show an inmate was "armed with a firearm," that is, had the firearm available for immediate offensive or defensive use, during the commission of his or her current offense, the inmate is disqualified from resentencing under the Act even though he or she was convicted of possessing the firearm, and not of being armed with it; and 3) being "armed with a firearm" during the commission of the current offense, for purposes of the Act, does not require the possession be "tethered" to, or have some "facilitative nexus" to, an underlying felony.

Appellate Information

• Decided 04/25/2014
• Published 04/25/2014

Judges

• DETJEN

Court

• California Court of Appeal

Counsel