California Court of Appeal

Denial of defendant's petition to recall his sentence is affirmed, where: 1) defendant was sentenced to a term of 25-to-life on his third count for possession of a firearm as a felon; 2) defendant was in possession of and personally armed with a firearm during the commission of count 2 for transportation of a controlled substance; and 3) Penal Code section 1170.126 does not apply as count 2 renders defendant ineligible for resentencing under subdivision (e)(2)(C)(iii) of section 667, which disqualifies a defendant from resentencing if the defendant was armed with a firearm, used a firearm, or intended to cause great injury to another person, during the commission of the offense.

Appellate Information

• Decided 08/08/2014
• Published 08/08/2014

Judges

• KLEIN

Court

• California Court of Appeal

Counsel