People v. London CA3

BACKGROUND

“On May 24, 2000, a jury found defendant guilty of being a felon in possession of a firearm (former § 12021, subd. (a)(1), renumbered § 29800, subd. (a)(1)) and being a felon in possession of ammunition (§ 12316, subd. (b)(1), renumbered § 30305, subd. (a)(1)). The trial court found true allegations that defendant had two prior serious felony convictions (§§ 667, subds. (d), (e); 1170.12, subds. (b), (c)) and had served five prior prison terms (§ 667.5, subd. (b)). The court sentenced defendant to a prison term of 25 years to life, plus five years for the prior prison term counts. “On May 29, 2013, defendant filed a petition to recall his sentence under the Act. The trial court denied the petition, ruling defendant’s conviction for possessing a firearm rendered him ineligible for resentencing.” (People v. London (July 26, 2016, C074615) [nonpub. opn.] (London I).) Defendant appealed from the order denying his petition and

2 in 2016, this court concluded there was sufficient evidence in the record to demonstrate defendant was armed during the commission of the relevant offense “for purposes of the Act.” (Ibid.) We thus agreed with the trial court that defendant was…