P. v. Bravo CA2/5
Defendant Anthony Bravo was convicted by a jury in 2006 of assault weapon possession (Pen. Code, former § 12280, subd. (b), count 1), firearm possession by a felon (former § 12021.1, count 2), and ammunition possession by a felon (§ 12316, subd. (b)(1), count 4). The trial court found defendant had prior convictions, including two strikes, and had served prior separate prison terms. (§§ 667, subds. (b)-(i), 667.5, subd. (b), 1170.12, subd. (a)-(d).) Defendant was sentenced to three 25-years-to-life terms with the sentences on counts 2 and 4 stayed (§ 654). This court affirmed the judgment. (People v. Bravo (Oct. 11, 2007, B190558) [nonpub. opn.].)
Defendant filed a petition for recall of sentence pursuant to section 1170.126. The trial court denied the petition. The court found, by a preponderance of the evidence, that defendant was statutorily ineligible because he was armed with a firearm during the commission of the offense. (§§ 667, subd. (e)(2)(C)(iii); 1170.1
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