People v. Perez

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The Three Strikes Reform Act of 2012 (Proposition 36), under which an inmate sentenced under the Three Strikes law for a nonferrous, nonviolent felony may petition the trial court for resentencing, permits a trial court to find a defendant was armed with a deadly weapon and is therefore ineligible for resentencing only if the prosecutor proves this basis for ineligibility beyond a reasonable doubt. Further, the trial court’s eligibility determination may rely on facts not found by a jury. One of the criteria for resentencing eligibility under Proposition 36 is that the inmate must not have been armed with a deadly weapon during the commission of the current offense. The trial court determined that Defendant was eligible for resentencing. The court of appeal reversed on the grounds that Defendant was armed with a deadly weapon during the commission of his current offense. The Supreme Court affirmed, holding that the evidence in support of Defendant’s conviction did not reasonably support any inference but that Defendant was armed with a deadly weapon during the commission of his current offense. View "People v. Perez" on Justia Law