People v. Levine CA2/4

INTRODUCTION

Appellant Scott William Levine is before us for a second time. On the prior occasion, we affirmed his conviction for possession of a firearm by a felon (see People v. Levine, Sept. 30, 1997, B103480 [unpub.]). Subsequently, appellant 1 filed a petition for recall of sentence pursuant to Penal Code section 1170.126. The trial court denied the petition, determining that appellant was statutorily ineligible for resentencing, as he was “armed with a firearm” during the commission of the offense. For the reasons set forth below, we conclude appellant was ineligible for resentencing. Accordingly, we affirm.

FACTUAL BACKGROUND & PROCEDURAL HISTORY

As we recounted in our prior opinion, appellant was involved in a multi- vehicle accident. The vehicle appellant was driving had a broken key in the ignition switch. When questioned by Los Angeles Police Officer Victor Farhood and his partner, appellant stated he had borrowed the vehicle from a “‘friend.’” Additionally, appellant could not produce a driver’s license or vehicle registration. Officer Farhood handcuffed appellant and placed him in the patrol car because, according to the officer, appellant appeared “‘a little…