P. v. Lopez CA2/2
Defendant and appellant Joaquin Juarez Lopez (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 Proposition 36’s exclusion of an inmate who was armed with a firearm during the commission of a felony does not apply when the underlying felony is unlawful possession of a firearm. We reject that argument and affirm the trial court’s order.
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