People v. Chandler CA2/6

DISCUSSION

Chandler contends that the exclusion from the Act for felons who are armed during the commission of the underlying offense applies only where arming facilitates commission of that offense or an additional offense. He asserts that rules of statutory construction compel this interpretation. Section 1170.126 provides that an offender serving a Three Strikes sentence may be eligible for resentencing where the current felony conviction is not a serious or violent felony. (People v. Johnson (2015) 61 Cal.4th 674, 681.) If the statutory eligibility criteria are satisfied and no enumerated exclusion applies, the trial court determines whether imposition of a two-strike determinate term presents an unreasonable risk of danger to public safety. (Id. at pp. 681-682.) The court may then resentence the offender accordingly. An offender is statutorily ineligible for resentencing under the Act if, “[d]uring the commission of the current offense, the defendant used a firearm, was armed with a firearm or deadly weapon, or intended to cause great bodily injury to another person.” (§§ 667, subd. (e)(2)(C)(iii), 1170.12, subd. (c)(2)(C)(iii), 1170.126, subd. (e)(2); People v. Johnson,…