Sorto

FACTS AND PROCEDURAL BACKGROUND

1. The convictions and sentence Sorto committed a series of crimes against members of a rival gang in August 2005, when he was 15 years old. A jury convicted him of first degree murder (§ 187, subd. (a)), assault (§ 240), second degree murder (§ 187, subd. (a)), and shooting at an occupied motor vehicle (§ 246). The jury also found true multiple-murder and gang-murder special-circumstance allegations (§ 190.2, subd. (a)(3), (22)), as well as various firearm and gang enhancement allegations (§§ 12022.53, subds. (b), (c), (d), 186.22, subd. (b)(1)(C)). The trial court sentenced Sorto to a determinate term of 10 years plus an indeterminate term of 130 years to life.2 2. Sorto’s petition for recall and resentencing In 2023, Sorto filed a petition for recall and resentencing under section 1170(d), arguing he satisfied all the statutory requirements for relief. Sorto asked the court to recall his sentence and send his case to the juvenile court for a transfer hearing under Proposition 57 (as approved by voters, Gen. Elec. (Nov. 8, 2016)). Sorto acknowledged that section 1170(d) expressly applies only to juvenile offenders sentenced to explicit…