People v. Ross CA3

BACKGROUND

The facts of defendant’s current offense are taken from the preliminary hearing, which formed the factual basis of his guilty plea.

Undesignated statutory references are to the Penal Code.

1 On November 5, 1994, defendant entered a West Sacramento Circle K and pointed a silver revolver at the store clerk. The clerk gave about $60 cash to defendant, who then left on foot. Defendant pleaded guilty to grand theft from a person (§ 487, subd. (c)) and admitted two strike allegations. The trial court sentenced him to 25 years to life. In December 2012, defendant filed a pro se petition for resentencing pursuant to section 1170.126. Defendant was appointed counsel, who filed a second petition for resentencing in August 2013. The trial court found defendant eligible for resentencing pending a determination of the section 1170.126 danger to public safety issue. Following the People’s motion for reconsideration, the trial court determined defendant was ineligible for resentencing because he was armed with a firearm during the commission of the current offense.

DISCUSSION

Defendant contends the trial court erred in finding him ineligible for resentencing based on facts…