People v. Cruz
Annotate this CaseThe Court of Appeal affirmed the trial court's denial of Proposition 36 resentencing relief where the jury convicted defendant of false imprisonment by violence and misdemeanor assault. Defendant was acquitted of other charges, including assault with a deadly weapon. The court rejected defendant's argument that the not guilty verdict on the assault with a deadly weapon count constituted a finding that he was not armed during the commission of the false imprisonment by violence. In this case, defendant was "armed" with a knife, and he had ready access to more than one knife for offensive or defensive purposes during the commission of the false imprisonment. Because Proposition 36 looks to whether defendant was armed "during" the false imprisonment rather than "in the commission of it," the not true finding on the weapon use enhancement did not render him eligible for resentencing.
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