Is Tejeda eligible for a resentencing under Proposition 36 if he was armed with a firearm at the time of the crime?

Thus we approach this discussion based on a record that conclusively establishes Tejeda had a loaded pistol "tucked in his waistband" when he committed the offenses in this case. The question presented by these facts is whether Tejeda was eligible for resentencing under Proposition 36, when he was armed with a firearm at the time of the offense. The answer is found in the statute and case law which have established that even where the past third strike offense is not serious or violent, a defendant is still ineligible for resentencing where the record establishes the person was personally armed with a firearm at the time of the offense. (People v. White (2014) 223 Cal.App.4th 512, 527.)

Under section 1170.126, recidivist inmates who are serving a life term for a nonserious or nonviolent felony under the prior version of the three strikes law can petition the court to have the sentence recalled and be sentenced as a second strike offender, unless the person is otherwise disqualified under the act. (People v. Yearwood (2013) 213 Cal.App.4th 161, 167-168.) Subdivision (e)(2) of section 1170.126 provides for ineligibility for resentencing where "the inmate's current sentence was not imposed for any of the offenses appearing in" sections 667, subdivision (e)(2)(C), or 1170.12, subdivision (c)(2)(C). One of the enumerated disqualifying factors is if "[d]uring the

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