C.A. 5th;
F067498
The Fifth Appellate District affirmed a judgment. In the published portion of its opinion, the court held that where the facts adduced at a defendant’s trial support a finding that the defendant was armed with a firearm in the commission of his or her commitment offense, he or she is necessarily ineligible for resentencing under Proposition 36, the Three Strikes Reform Act of 2012, regardless of whether or not an allegation of arming was separately pleaded and proved at trial.
