Larson

FACTS AND PROCEDURAL BACKGROUND

In 2000, a jury convicted Larson of resisting an executive officer (Pen. Code, § 69) and exhibiting a deadly weapon to a police officer to resist arrest (Pen. Code, § 417.8), as well as the personal use of a deadly or dangerous weapon (Pen. Code, § 12022, subd. (b)(1)). Larson had three prior convictions that qualified as “strikes” under California’s Three Strikes law (Pen. Code, §§ 667, subds. (b)-(j) & 1170.12, subds. (a)-(d)), had served three prior prison terms (Pen. Code, § 667.5, subd. (b)), and had been convicted of a prior “serious” felony (Pen. Code, § 667, subd. (a)(1)). The trial court imposed a sentence of 34 years to life on the resisting arrest count and stayed the sentence on the exhibiting a deadly weapon count under Penal Code section 654. In March 2013, Larson filed a petition for resentencing under the Three Strikes Reform Act of 2012 on the ground that the felonies he committed in 2000 were neither “serious” nor “violent.” The trial court ruled that Larson was ineligible for relief because, in light of the jury’s findings, the offense on which he was serving time was a “felony in which the defendant personally used a dangerous…