P. v. Duron CA3
Defendant Moses Jesse Duron appeals from the denial of his petition for resentencing under Penal Code section 1170.126, which was enacted by voters in 2012 as Proposition 36. Defendant is serving a life sentence imposed in 2002 based on his plea of no contest to a third strike (being a felon in possession of a firearm). His petition asserted he is eligible for a reduced sentence because possession of a firearm by a convicted felon is not a serious or violent crime, but the trial court denied his petition, concluding defendant is not eligible for resentencing because he used a firearm during the commission of the crime for which he is serving a life sentence, and in any event, he poses an unreasonable risk of danger to public safety.
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