Berry

Defendant Roland Alfred Berry appeals from the dismissal of his petition for recall of his indeterminate life sentence under Penal Code section 1170.126 (all further statutory references are to this code), which was enacted as part of the Three Strikes Reform Act of 2012 (Three Strikes Reform Act) (Voter Information Guide, Gen. Elec. (Nov. 6, 2012) text of Prop. 36, § 6, pp. 109-110; hereafter Voter Information Guide.) Defendant was sentenced to an indeterminate life term in 2000, following his guilty plea to counts alleging (1) possession of a fraudulent check (§ 476) and (2) possession of a forged driver’s license (§ 470, subd. (b)).

The court’s dismissal of defendant’s petition was based on a determination he was ineligible for resentencing relief because he was armed with a firearm during his commission of the offenses to which he pleaded guilty. Defendant contends this was error for several reasons, all stemming from the fact that the counts alleging he was in possession of a firearm had been dismissed in conjunction with his plea agreement. Among other things, defendant argues that the initial determination of an inmate’s eligibility for recall of his sentence…