P. v. Livingston CA2/1
Appellant Warner Livingston challenges the trial court’s order denying his petition for recall of his sentence pursuant to section 1170.126 (Proposition 36). The trial court found that he was ineligible for resentencing on his conviction of evading the police because he was armed during the commission of that offense. (See Pen. Code, §§ 1170.126, subd. (e)(2), 667, subd. (e)(2)(C)(iii).) Appellant argues that insufficient evidence supported the court’s finding that he was armed. We disagree and affirm as to his evading conviction, but reverse and remand for the trial court to reconsider its order on the application of Proposition 36 to appellant’s conviction for false imprisonment.
Comments on P. v. Livingston CA2/1