P. v. Gudino CA5
This is defendant Victor Gudino’s second appeal from the denial of a petition for recall of sentence pursuant to Penal Code section 1170.126. Defendant is presently serving a sentence of 25 years to life for possession of a weapon while confined in a penal institution (§ 4502, subd. (a)). On appeal, defendant contends the record is insufficient to support the trial court’s finding he was armed with a deadly weapon and the court therefore erred in concluding he was ineligible for resentencing. We conclude substantial evidence supports the trial court’s finding defendant is ineligible for resentencing pursuant to section 1170.126. Accordingly, we affirm.
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