P. v. Pledger CA2/7
Defendant James L. Pledger appeals from an order denying his petition under Proposition 36, the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126), for recall of his sentence imposed for conviction of possession of a firearm by a felon. Pledger contends a defendant is ineligible for resentencing under Proposition 36 for being “armed with a firearm” during the commission of an offense only if the arming is tethered to an offense other than possession of a firearm by a felon. He also contends a defendant is disqualified from resentencing only where there is a “facilitative nexus” between his possession of a firearm and the underlying offense. Finally, Pledger contends the superior court erred in requiring the prosecutor to prove Pledger’s ineligibility for resentencing under Proposition 36 by a preponderance of the evidence, instead of beyond a reasonable doubt.
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