People v. Saechao CA3

I. BACKGROUND

The fourth amended information charged multiple individuals with the murder and kidnapping of Meuy Saelee. As we explained in defendant’s previous appeal: “Defendant Tout Saechao was convicted after trial by jury of the first degree murder of Meuy Saelee during the commission of a kidnapping (. . . §§ 187, subd. (a), 190.2, subd. (a)(17)) and kidnapping (§ 207, subd. (a)). The jury acquitted defendant of attempting to dissuade a witness. (§ 136.1, subd. (a)(2).) The trial court found true the allegations that defendant was previously convicted of a serious felony within the meaning of sections 667, subdivision (c) and 667, subdivision (e)(1). The court sentenced defendant to state prison for life without the possibility of parole on the murder charge, plus a 16 year concurrent term (double the upper term) for kidnapping.” (People v. Saechao (Oct. 25, 2000, C033000) [nonpub. opn.].) Defendant appealed, and we stayed the sentence imposed on the kidnapping count in accordance with section 654, but otherwise affirmed the judgment. After the passage of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1015), defendant filed an in propria persona petition for…