P. v. Craig CA2/8
Defendant and appellant Dante Jevon Craig appeals from the trial court’s order denying his postjudgment petition for recall of sentence pursuant to Penal Code section 1170.126, subdivision (b). Defendant, who is presently serving a third-strike sentence, contends the trial court erred in denying his petition on the grounds he was not eligible for resentencing because he was armed during the commission of his commitment offenses. Defendant argues the trial court applied an incorrect definition of “armed,” made independent factual findings to support its eligibility determination in violation of applicable law, and applied the incorrect burden of proof in making that determination.
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