P. v. Gustave CA2/4
Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Noah P. Hill and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant Andre Gustave was convicted of possession of a firearm by a felon (Pen. Code, former § 12021, subd. (a)(1)) in 1996. After the trial court found true allegations that he had suffered three prior convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), he was sentenced to a prison term of 25 years to life plus one year for a prior prison term enhancement (§ 667.5, subd. (b)).
In February 2013, defendant filed a petition for recall of sentence under section 1170.126 (Proposition 36). The trial court denied the petition, and defendant appeals. We affirm the order.
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