Piper

*1010 INTRODUCTION

A jury found appellant guilty of evading a pursuing peace officer and being a felon in possession of ammunition. In connection with the evading charge, the jury found not true the allegation that appellant was armed in the commission of the offense. The jury also acquitted appellant of all firearm-related counts, including being a felon in possession of a firearm and carrying a loaded firearm. Appellant was sentenced to two concurrent terms of 25 years to life as a "three-strike" offender.

In the underlying action, the trial court denied appellant's motion under Penal Code section 1170.126 to be resentenced pursuant to the Three Strikes Reform Act of 2012 (Reform Act). 1 The court concluded, after an evidentiary hearing, that the People had proven beyond a reasonable doubt that appellant was "armed with a firearm" during the commission of the offenses targeted in the petition. Appellant contends the court's determination is contrary to the jury's verdict and must be reversed. For the reasons set forth below, we conclude the trial court erred in determining that appellant was ineligible for resentencing. We remand for further proceedings *299 on appellant's…