California Court of Appeal

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