California Court of Appeal

In 2008, defendant was sentenced to an indeterminate life term under the three strikes law for being a felon in possession of a firearm and a felon in possession of ammunition. Denial of defendant's resentencing petition pursuant to the Three Strikes Reform Act is affirmed, where: 1) under Teal v. Superior Court, decisions under the Three Strikes Reform Act are appealable orders; 2) the trial court stated that it found beyond a reasonable doubt that defendant was personally armed with the firearm he was convicted of possessing, and there was sufficient evidence to support this finding; 3) disqualification of a defendant's resentencing petition does not require that the eligibility criteria be pleaded and proven; and 4) conflicting evidence does not cast doubt on the trial court's factual findings because the factual findings are reviewed for substantial evidence, and the substantial evidence here supports the conclusion that defendant was armed.

Appellate Information

• Decided 11/06/2014
• Published 11/06/2014

Judges

• Robie

Court

• California Court of Appeal

Counsel