People v. Sanchez CA4/3

FACTS

An information alleged Sanchez, “in violation of [s]ection 12021[, subdivision] (a)(1) of the Penal Code, (POSSESSION OF FIREARM BY A FELON), a FELONY, did willfully and unlawfully own and have in his/her possession and under his/her custody and control a firearm, to wit[:] .38 cal revolver gun, after having previously been convicted of a felony.” In July 1997, a jury found Sanchez guilty of that count. The weapon was loaded and located in Sanchez’s waistband during a vehicle stop. The trial court found Sanchez had suffered convictions for two prior serious or violent felonies, two separate section 211 robbery convictions. The trial court sentenced Sanchez as a “Three-Strike” offender to an indeterminate sentence of 25 years to life in prison. In March 2013, Sanchez filed a petition for recall of sentence and resentencing under section 1170.126. The prosecution filed a motion to dismiss the petition on the ground Sanchez was not eligible for resentencing because he was armed with a loaded weapon during the commission of his third strike offense. Sanchez filed opposition to the motion to dismiss, arguing section 1170.126, subdivision (e)(2), requires the prosecution to both…