People v. Reyes CA2/3

BACKGROUND

In 1997, a jury found Reyes guilty of possession of a firearm by a felon (Pen. Code,1 former § 12021, subd. (a)(1)). After a court trial on three priors that had been alleged under the Three Strikes law and that arose out of Reyes’s 1994 conviction for a robbery involving three victims, the trial court found the priors true. At the 1998 sentencing hearing, the trial court denied Reyes’s Romero2 motion and motion to stay sentences on various counts under section 654 and sentenced him to 25 years to life plus one year (§ 667.5, subd. (b)). On appeal, that judgment of conviction was modified to correct presentence custody credits but otherwise affirmed. (People v. Alexander Reyes (May 12, 1999, B120499) [nonpub. opn.].) Then, in 2014, Reyes petitioned the trial court to recall his sentence under the Three Strikes Reform Act of 2012, which reduced the punishment for some third-strike offenses that were neither violent nor serious. (See generally §§ 667, 1170.12, 1170.126.) The trial court denied the petition because of a disqualifying factor (Reyes had been armed with a firearm during the commission of his offense) and that order was affirmed on appeal. (People v.…