The People, Plaintiff and Respondent v. Mario R. Estrada, Defendant and Appellant.

Summary

The court held that, in deciding eligibility for sentence recall under Proposition 36, a trial court may consider facts showing that the defendant was armed during the offense of conviction even when those facts also supported counts dismissed under a plea agreement. The court further held that relying on such facts does not violate the plea agreement unless the agreement expressly or implicitly precludes their consideration. Because the trial court properly found Estrada ineligible based on preliminary-hearing evidence that he was armed during the theft offense, the court affirmed.