People v. Xiong CA3

I. BACKGROUND

Defendant shot and killed the victim and then led police on a high speed police chase ending across the street from his home. (People v. Xiong (2020) 54 Cal.App.5th 1046, 1048.) In 2015, a jury found defendant guilty of murder in the first degree (§§ 187, subd. (a), 189), and found true the enhancement defendant personally discharged a firearm causing the victim’s death (§ 12022.53, subd. (d)). The jury also found defendant guilty of possession of a firearm by a felon (§ 29800), and felony evasion (Veh. Code, § 2800.2, subd. (a)). The trial court sentenced defendant to 50 years to life plus two years eight months. On direct appeal, a different panel of this court affirmed defendant’s convictions, struck two 1-year prior prison term enhancements, and remanded the matter for the trial court to exercise its discretion regarding possible dismissal of the firearm enhancement under section 12022.53, subdivision (d). (People v. Xiong, supra, 54 Cal.App.5th at p. 1082.) On remand, the trial followed this court’s directions to strike the section 667.5, subdivision (b) enhancements but left the remainder of defendant’s sentence intact. In 2023, defendant filed a petition for…