People v. Quinones

Opinion

DUARTE, J.

In this case we consider whether an arming enhancement— found true by the jury but dismissed for sentencing purposes at defendant Humberto Quinones’s original 1996 sentencing hearing — may be used to disqualify him for resentencing under Proposition 36. We conclude the answer is yes, and affirm the order denying his petition to recall his sentence under the Three Strikes Reform Act of 2012 (Pen. Code, §§ 667, 1170.12, 1170.126; Prop. 36, as approved by voters, Gen. Elec. (Nov. 6, 2012) (the Act)).

BACKGROUND

A jury convicted defendant of two counts of possession for sale of…