People v. Estrada

Cuéllar, J.

*665 Under the Three Strikes Reform Act of 2012, certain inmates may file a "recall" petition to reduce their punishment for third-strike sentences imposed on them for offenses that are neither serious nor violent felonies. ( Pen. Code § 1170.126, subds. (b), (e).) When a court evaluates a petition to **29 recall such a sentence, may it find an inmate ineligible for relief because certain facts underlying a previously dismissed count show the inmate was "armed with a firearm or deadly weapon" during the commission of the third strike offense? (See §§ 1170.12, subd. (c)(2)(C)(iii),…