P. v. Gardner CA2/1
Willie Lavior Gardner (Gardner) appeals the trial court’s denial of his petition for recall and resentencing under Proposition 36, the Three Strikes Reform Act of 2012. Gardner contends that felons who were armed during the commission of the underlying offense should be denied relief under Proposition 36 only if the arming facilitated commission of that offense or an additional offense, and not when the firearm was merely available for use. We disagree, and affirm the denial of the petition.
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