People v. Jimenez CA6

I. BACKGROUND

Because the facts concerning the underlying offenses are not relevant to the issues raised by this appeal, we omit them and only discuss the procedural background.

1 Subsequent undesignated statutory references are to the Penal Code. A. Initial Sentence In 2004, after a bench trial, Jimenez was convicted of second degree murder (§ 187, subd. (a)) and possession of a firearm by a felon (§ 12021, subd. (a)(1)). In connection with the murder count, the trial court found true an allegation that Jimenez intentionally and personally discharged a firearm causing death. (§ 12022.53, subd. (d).) The court also found true the allegations that Jimenez had two prior strike convictions (§ 667, subds. (b)-(i); § 1170.12), a prior serious felony conviction (§ 667, subd. (a)), and five prior prison terms (§ 667.5, subd. (b)). In July 2004, the trial court sentenced Jimenez to a term of 70 years to life on the murder count, which consisted of a 15 years-to-life term tripled, a mandatory consecutive 25 years-to-life term for the firearm enhancement, and a concurrent 25 years-to-life term for possession of a firearm by a felon. The trial court also imposed five prison priors but…