P. v. Smith CA2/4
Defendant Nathaniel Smith was convicted in 1995 of possession of a firearm by a felon. Based on his prior convictions, he was sentenced to 25 years to life in prison as a third strike offender. He now appeals from the postjudgment order denying his petition for resentencing under Penal Code section 1170.126, enacted by Proposition 36, the Three Strikes Reform Act of 2012 (Proposition 36). The trial court found defendant was “armed” during the commission of his underlying crime and therefore was ineligible for resentencing under Proposition 36. We reject his challenge to that ruling and affirm the order.
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