P. v. Long CA2/2
Richard Matthew Long appeals the denial of his petition under Three Strikes Reform Act of 2012 (the “Reform Act”) to recall his third strike indeterminate sentence of 25 years to life in prison. (Pen. Code, § 1170.126.) The hearing court found by a preponderance of the evidence that appellant was armed during the commission of the underlying offense (possession of a firearm by a felon in violation of section 12021, subd. (a)(1)), and was therefore ineligible for recall and resentencing under section 1170.126, subdivision (e)(2). We reverse and remand with directions.
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