Cruz

*1108 Juan Alexander Cruz, a three strikes offender, was sentenced to 26.5 years to life in state prison. He appeals a postjudgment order denying his petition to recall his sentence pursuant the Three Strikes Reform Act of 2012 (the Act), also known as Proposition 36. ( Pen. Code, § 1170.126, subd. (e)(2) ; People v. Estrada (2017) 3 Cal.5th 661 , 665, 220 Cal.Rptr.3d 801 , 399 P.3d 27 .) 1 The trial court found that appellant was ineligible for resentencing because he was armed with a knife during the commission of the felony offense. (§§ 1170.12, subd. (c)(2)(C)(iii); 1170.126, subd. (e)(2).) As we shall explain, there is a crucial difference between being "armed" with a knife and "use" of a knife. Thus, a prior jury determination that appellant did not use a knife is not determinative. We are quick to observe that appellant did not receive a favorable factual ruling at his jury trial that he was not armed with a knife during the commission of the underlying felony conviction of false imprisonment by violence. We affirm.

Initial Trial, Conviction, Sentence, and Appeal

In 2001, appellant was convicted by jury of false imprisonment by violence after he forced his way into a…