California Court of Appeal

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People v. Quinones, C074081

The trial court's order denying defendant-inmate's petition to recall his sentence under the Three Strikes Reform Act of 2012 is affirmed, where: 1) the jury found beyond a reasonable doubt that defendant was armed with a firearm during the commission of the crime; 2) the sentencing judge found it unnecessary to add the arming enhancement to the original sentencing, and struck it, despite it being within the judge's power to do so; and 3) though left unused, if an arming enhancement was available during original sentencing, defendant is disqualified for resentencing under the Three Strikes Reform Act.

Appellate Information

  • Decided 08/11/2014
  • Published 08/11/2014

Judges

  • DUARTE

Court

  • California Court of Appeal

Counsel