P. v. Navarro
Jose Luis Navarroappeals the denial of his Proposition 36 (Three Strikes Reform Act of 2012) petition to recall his third strike indeterminate sentence of 25 years to life in prison. (Pen. Code,[1] § 1170.126.) Appellant contends the trial court erred in determining that appellant was ineligible for recall and resentencing under section 1170.126 based on the court’s factual finding that appellant was armed during the commission of the crime of possession of a firearm by a felon.[2] We disagree and affirm the denial of appellant’s petition to recall his sentence and resentence him as a second strike offender.
Comments on P. v. Navarro