People v. Piper

Defendant was convicted of evading a pursuing peace officer and being a felon in possession of ammunition. In the underlying action, the trial court denied defendant's motion to be resentenced under the Three Strikes Reform Act of 2012, concluding that the People had proven beyond a reasonable doubt that defendant was armed with a firearm during the commission of the offenses in the targeted petition.The Court of Appeal held that the trial court erred in determining that defendant was ineligible for resentencing. In this case, the jury's determination conclusively rejected the claim that defendant was armed with a firearm and that rejection foreclosed any later finding beyond a reasonable doubt that defendant was armed with a firearm, either while evading the police or while in possession of live ammunition. Therefore, defendant was not ineligible for resentencing under the armed exception. The court remanded for the trial court to exercise its discretion whether to deny resentencing to a defendant who poses an unreasonable danger to the public. View "People v. Piper" on Justia Law