P. v. Walker CA2/4
In 2003, a jury convicted appellant Cornell Walker of possession of a firearm by a felon. He was found to have suffered six prior strike convictions under the Three Strikes law, and was sentenced to 25 years to life. In March 2018, he filed a petition to recall his sentence pursuant to Proposition 36, the Three Strikes Reform Act of 2012. After issuing an order to show cause and receiving briefing, the trial court denied the petition, finding that defendant was statutorily ineligible for resentencing because he was armed with a firearm during the offense.. Appellant appeals, contending that because the gun he was convicted of possessing was found under the back seat of his car, and the officers who seized it never observed him in the car, it was not readily available for him to use, and therefore he was not armed with it within the meaning of Proposition 36. We disagree and affirm.
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