Is a defendant currently serving a three strike sentence for a crime no longer subject to the third strike penalty permitted to petition for resentencing?

Section 1170.126 allows a defendant currently serving three strikes sentences for crimes no longer subject to the third strike penalty to petition for resentencing. ( 1170.126, subd. (a).) One of the disqualifying factors from such resentencing, as cross-referenced in section 1170.126, subdivision (e)(2), is that a defendant was armed with a firearm during the commission of the current offense. ( 667, subd. (e)(2)(C)(iii).) There is no pleading and proof requirement for this exception. (People v. Osuna (2014)

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