P. v. Newton CA2/2
Defendant and appellant Benny Lee Newton (defendant) appeals from the trial court’s order denying his petition for resentencing on the ground that he was ineligible for relief under Proposition 36 (Pen. Code, § 1170.126). Defendant contends the trial court erred in finding he was armed during commission of the crime of being a felon in possession of a firearm because there was no “facilitative nexus” between the arming and that crime. We affirm the trial court’s order.
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