P. v. Salazar
Defendant and appellant Joey Phillip Salazar appeals from an order denying his petition for recall of his indeterminate life term under Penal Code section 1170.126, subdivision (f).[1] His sole issue on appeal is whether being armed with a firearm constitutes “using a firearm†to make a violation of Health and Safety Code section 11370.1, subdivision (a), into a “strike†so as to preclude recall and reconsideration of defendant’s sentence pursuant to Penal Code section 1170.126.[2]I
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