P. v. Warner CA1/4
Appellant Eric William Warner (Warner) appeals the trial court’s denial of his petition to recall his sentence under the Three Strikes Reform Act of 2012, added by Proposition 36 (the Reform Act) . (See Pen. Code § 1170.126.) Specifically, Warner asserts that he is eligible to be resentenced on his conviction for unlawful possession of a firearm by a felon (§ 29800, subd. (a)(1)). In addition, Warner claims—relying on People v. Vargas (2014) 59 Cal.4th 635 (Vargas)—that he has been subjected to an unauthorized sentence under the Three Strikes law, because his two prior convictions should have been treated as one strike rather than two. The trial court concluded that Warner was ineligible for resentencing on the firearm conviction and that Vargas was inapplicable on these facts. We agree and therefore affirm.
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