Is a defendant convicted under the pre-Proposition 36 version of the Three Strikes law as a third strike offender of possession of a firearm by a felon entitled to resent his sentence?
California, United States of America
The following excerpt is from People v. Shells, B269286 (Cal. App. 2016):
Where "the record establishes that a defendant convicted under the pre-Proposition 36 version of the Three Strikes law as a third strike offender of possession of a firearm by a felon was armed with the firearm during the commission of that offense, the armed-with-a-firearm exclusion applies and the defendant is not entitled to resentencing relief under" section 1170.126. (People v. White, supra, 223 Cal.App.4th at p. 519.)
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