People v. Campbell CA4/1

I.

INTRODUCTION

Scot A. Campbell appeals from an order denying his petition for recall of sentence

pursuant to the Three Strikes Reform Act of 2012 (Pen. Code, § 1170.126) (the Act).

On appeal, Campbell claims that the trial court erred in determining that he is ineligible

for resentencing on the ground that, during the commission of the current offense, he was

"armed within the meaning of disqualifying portions of the statute." (See §§ 1170.126,

subd. (e), 667, subd. (e)(2)(C)(iii), 1170.12, subd. (c)(2)(C)(iii) [disqualifying an inmate

from resentencing under the Act if "[d]uring the commission of the current offense, the

defendant . . . was armed with a firearm" (§§ 667, subd. (e)(2)(C)(iii), 1170.12, subd.

(c)(2)(C)(iii))].) We affirm the order.

Unless otherwise specified, all subsequent references are to the Penal Code.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. The commitment offense2

In April 1999, a jury found Campbell guilty of possession of a firearm by a felon

(§ 12021, subdivision (a)(1)) (count 3), possession of ammunition by a person prohibited

from possessing ammunition (§ 12316, subd. (b)(1)) (count 4), carrying a loaded firearm

in a…