P. v. Bates CA2/3
Defendant David Leon Bates appeals the trial court’s denial of his petition for recall and resentencing under Proposition 36, the Three Strikes Reform Act of 2012. He argues that the Act’s exclusion of inmates who were armed with a firearm during the commission of their triggering offenses applies only to convictions in which the arming facilitated a different felony, not to convictions in which being armed was the triggering offense. We conclude an inmate serving a third-strike sentence for carrying a loaded firearm was armed with that firearm during the commission of the offense, rendering him ineligible for recall and resentencing under Proposition 36, and affirm.
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