C.A. 4th
D063369

The Fourth Appellate District affirmed a trial court order. The court held that 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, thus, the defendant is not entitled to resentencing relief under the Three Strikes Reform Act of 2012.