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P. v. Reyes CA2/7
In 1997, a jury convicted Alejandro Reyes of possession of a firearm by a felon (Pen. Code, former § 12021, subd. (a)(1), now § 29800, subd. (a)(1)). The jury also found true allegations that Reyes previously had been convicted of two serious or violent felonies. The trial court thus sentenced Reyes as a third strike offender to 25 years to life. Reyes petitioned for a recall of his sentence and resentencing under Proposition 36, the Three Strikes Reform Act of 2012 (§ 1170.126). The court found that Reyes was ineligible for that relief because he was armed during the commission of his third strike offense. We affirm.

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