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P. v. Ferger CA3
Defendant Alan Richard Ferger appeals from the denial of his Proposition 36 (the Three Strikes Reform Act of 2012) petition for resentencing. (Pen. Code, § 1170.126.) He contends the trial court erred in finding he was armed in the commission of his offense of felon in possession of a firearm and the Sixth and Fourteenth Amendments to the United States Constitution required that any fact rendering him ineligible for resentencing must be made beyond a reasonable doubt by a jury. We shall affirm.

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