Lowe

BACKGROUND

Defendant was convicted by jury in 1998 of being a felon in possession of a firearm (Pen. Code, former § 12021, subd. (a)(1)), assault with a firearm (Pen. Code, § 245, subd. (a)(2)), and two counts of second degree murder (Pen. Code, §§ 187, 189).2 The jury also found that he was armed with a firearm when he committed the second degree murders and the assault with a firearm. (§ 12022, subd. (a).) Because defendant had two prior serious or violent felonies, the trial court sentenced defendant under the Three Strikes law to a total state prison term of 141 years to life. (People v. Lowe (Oct. 4, 1999, C029375) [nonpub. opn.].)3 Defendant appealed the judgment, and we reversed the conviction for assault with a firearm for insufficient evidence, which barred retrial on that count. We also reversed the two second degree murder convictions based on instructional error, which did not bar retrial on those counts. Finally, we affirmed the felon-in-possession conviction and remanded. (People v. Lowe, supra, C029375.) On remand, the district attorney elected not to retry the second degree murder counts, so the trial court dismissed those counts. The court sentenced defendant…