People v. Sanchez CA2/7

INTRODUCTION

In 2008 a jury convicted Sanchez of second degree murder, attempted murder, and conspiracy to commit murder, and the trial court sentenced him to an aggregate prison term of 60 years to life. In his direct appeal, Sanchez successfully challenged his conviction for conspiracy to commit murder, and this court reversed that conviction. On remand the trial court sentenced Sanchez to an aggregate term of 35 years to life. In 2023 Sanchez petitioned the superior court to recall his sentence and resentence him under Penal Code section 1170, subdivision (d)(1)(A).1 The court denied the petition, ruling that Sanchez’s sentence of 35 years to life was not the functional equivalent of life without the possibility of parole and that Sanchez had received a parole hearing the prior year and had another one scheduled. While Sanchez’s appeal from the superior court’s order was pending, a panel of the Board of Parole Hearings granted Sanchez parole, although pending final approval of Sanchez’s release by relevant authorities, Sanchez remains in the custody of the Department of Corrections and Rehabilitation. Citing People v. Heard (2022) 83 Cal.App.5th 608 (Heard), Sanchez argues the…