California Court of Appeal

Order granting defendant’s petition for a recall of his life sentence and for resentencing as a second strike offender under the Three Strikes Reform Act is reversed, where: 1) during the commission of the offense, defendant ex-felon used and was armed with a firearm; 2) the armed-with-a-firearm exclusion applies, and thus defendant is not entitled to resentencing relief under the Three Strikes Reform Act; and 3) a trial court may deny Penal Code section 1170.126 resentencing relief under the armed-with-a-firearm exclusion even if the accusatory pleading did not allege that he or she used or was armed with a firearm during the commission of that possessory offense.

Appellate Information

• Decided 10/16/2014
• Published 10/16/2014

Judges

• Ramirez

Court

• California Court of Appeal

Counsel