entence
recalled and be sentenced as a second strike offender unless the court determines that
resentencing would pose an unreasonable risk of danger to public safety. (§ 1170.126.)”
(People v. Yearwood (2013) 213 Cal.App.4th 161, 167-168.)
       Shortly after the Act went into effect, Joe Willie Haynes (defendant), an inmate
serving a term of 25 years to life plus seven years following conviction of felonies that
were not violent (as defined by § 667.5, subd. (c)) or serious (as defined by § 1192.7,
subd. (c)), filed a motion seeking resentencing under the Act. The trial court determined
defendant did not qualify (was ineligible) for resentencing and denied the motion.
Defendant now appeals.
       In the published portion of this opinion, we hold that the trial court’s order is
appealable. In the unpublished portion, we hold that an inmate serving an indeterminate
1      Further statutory references are to the Penal Code unless otherwise stated.



                                              2.
life term under the three strikes law may be found to have been “armed with a firearm” in
the commission of his or her current offense(s), so as to be disqualified from resentencing
under the Act, even if he or she did not carry the firearm on his or her person.
Accordingly, we affirm.
                         FACTS AND PROCEDURAL HISTORY
          On November 20, 1997, a parole search was conducted at the Visalia residence of
defendant and Tammy Carter. As officers entered the apartment, defendant was walking
out of one of the bedrooms.2 A search of the residence revealed, in the northeast
bedroom, a pair of pants in which were a plastic bag containing 1.8 grams of cocaine
base, a sandwich-type bag containing 3.4 grams of marijuana, and $500 cash.3 On top of
the closet were $1,300 and some Zig-Zag cigarette papers. A loaded handgun was hidden
in the box springs of the bed. There were five live rounds in the handgun, and a sixth
round of the same type and brand was found in or on the nightstand on the sout