California Court of Appeal

Denial of petition for resentencing under the Three Strikes Reform Act of 2012 is reversed where the resentencing court erred in finding him ineligible based on facts not established beyond a reasonable doubt, because: 1) under a properly applied 'beyond a reasonable doubt' standard, defemdant's acquittal on the weapon possession charge, and the not-true finding on the allegation of being armed with a firearm, are preclusive of a determination that he is ineligible for resentencing consideration; and thus 2) as a matter of law, defendant is eligible for resentencing.

Appellate Information

• Published 2016/02/08

Judges

• EDMON

Court

• California Court of Appeal

Counsel