People v. Sandoval CA2/2

BACKGROUND

In 2013, an information was filed charging defendant with second degree murder (§ 187, subd. (a)); unlawful possession of a firearm by a felon (§ 29800, subd. (a)(1)); and unlawful firearm activity (former § 29805). It also alleged that defendant personally used and intentionally discharged a firearm, causing great bodily injury and death. (§ 12022.53, subds. (b), (c) & (d).) Later that year, a jury convicted defendant of all three offenses, and found the firearm allegations true. The trial court sentenced defendant to a total of 40 years to life (15 years to life on the murder charge and a consecutive term of 25 years to life for the firearm enhancement).3 On direct appeal, we affirmed the judgment. (People v. Sandoval (May 12, 2015, B254512) [nonpub. opn.] (Sandoval).) Nine years later, defendant filed a petition for resentencing pursuant to section 1172.6. The prosecution opposed the petition,

All further references are to the Penal Code unless otherwise indicated. Effective June 30, 2022, former section 1170.95 was renumbered section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.) For simplicity, we refer to the section by its new…