Is a convicted felon in possession of a firearm and possession of marijuana for sale eligible for resentencing?

Rios's current convictions for being a felon in possession of a firearm and possession of marijuana for sale are not serious or violent felonies for purposes of the Three Strikes law. (See People v. Brimmer, supra, 230 Cal.App.4th at p. 792.) The sole disqualifying criterion at issue here is the armed with a firearm exclusion contained in section 667, subdivision (e)(2)(C)(iii) and section 1170.12, subdivision (c)(2)(C)(iii).³ Under those subdivisions, an inmate is ineligible for Proposition 36 resentencing if "[d]uring the commission of the current offense, the defendant used a firearm, was armed with a firearm or deadly weapon, or intended to cause great bodily injury to another person." ( 667, subd. (e)(2)(C)(iii).)