People v. Spells CA2/6
Opinion
Opinion
Tangeman, J.
BACKGROUND
Eighteen years ago, a police officer stopped Spells while he was driving a Jeep with expired registration tags. Spells had a handgun in the Jeep that was “readily accessible, loaded and ready to fire.” (People v. Spells (Oct. 26, 1999, B127877)
1 All statutory references are to the Penal Code. [nonpub. opn.].) Spells had been convicted of robbery, attempted robbery, and other felonies prior to this incident. (Ibid.) A jury convicted Spells of being a felon in possession of a firearm. (§ 12021, subd. (a)(1).) He admitted two prior serious felony convictions within the meaning of the three strikes law and the trial court sentenced him to 25 years to life in prison. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) We affirmed the judgment. Following enactment of the Three Strikes Reform Act of 2012, also known as Proposition 36, Spells filed a petition to recall his sentence and to be resentenced. (§ 1170.126.) The trial court denied the petition on the ground that Spells was ineligible for resentencing because he was armed during the commission of the offense. (§§ 1170.126, subd. (e)(2), 667, subd. (e)(2)(C)(iii), 1170.12, subd. (c)(2)(C)(iii).)