California Court of Appeal

The trial court's denial of defendant's petition to recall his 1995 indeterminate life sentence, imposed for unlawful possession of a gun as a convicted felon, is affirmed, where: 1) for purposes of Penal Code section 1170.126, unlawful possession of a firearm can constitute being armed during an offense; 2) the trial court properly found that during the commission of the commitment offense defendant was armed with a gun; and 3) the trial court properly concluded that defendant was ineligible for resentencing.

Appellate Information

• Decided 07/15/2014
• Published 07/15/2014

Judges

• BUTZ

Court

• California Court of Appeal

Counsel