P. v. Meraz CA4/2
Defendant Jesse Meraz, Jr., who already had two strike priors, ditched a loaded revolver while running away from the police. He was convicted of unlawful possession of a firearm, as well as other offenses, and was sentenced pursuant to the Three Strikes Law to 36 years to life in prison.
Defendant appealed. We reversed his conviction on some counts, but we affirmed his conviction on others, including the conviction for unlawful possession of a firearm. On remand, the trial court resentenced defendant pursuant to Proposition 36 to just eight years in prison.
That time, the People appealed. We held that defendant was not automatically entitled to be sentenced under Proposition 36; if he was entitled to resentencing under Proposition 36 at all (and it now appears that he probably is not), he had to file a petition. We reversed and remanded with directions to resentence defendant.
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