People v. Caraballo

Opinion

IKOLA, J. —

The court denied defendant Michael Angelo Caraballo’s petition under Penal Code section 1170.126 1 for recall of his third strike sentence and for resentencing as a second strike offender. We affirm the postjudgment order. Because defendant was vicariously armed during the commission of his current offense, he was disqualified from resentencing under subdivision (e)(2) of section 1170.126.

FACTS AND PROCEDURAL HISTORY

A 2003 unpublished opinion recited the following factual and procedural history underlying defendant’s conviction for the current offense. (People v. Caraballo…