People v. Fritz CA4/2

STATEMENT OF THE CASE

On November 16, 1988, a jury found defendant guilty of murder under

section 187, subdivision (a) (count 1), and two counts of assault with a deadly weapon

under section 245, subdivision (a)(1) (counts 2 and 3). The jury also found true that

defendant personally used a deadly and dangerous weapon, a baseball bat, under

section 12022, subdivision (b).

On January 11, 1989, a trial court sentenced defendant to a total term of 31 years

to life in state prison, as follows: an indeterminate term of 25 years to life on count 1,

consecutive to a six-year determinate term. The six-year determinate term was

comprised of a four-year term for count 2, consecutive to a one-year term for count 3,

plus a consecutive one-year term for the use of a deadly weapon enhancement.

Moreover, the trial court sentenced defendant in two other pending cases, which added a

total term of eight years to his sentence.

After defendant appealed, in People v. Fritz (Nov. 17, 1989, E006425 [nonpub.

opn.]), this court affirmed the judgment.

On March 15, 2023, defendant filed a petition for resentencing under

section 1172.6. The prosecution filed its opposition on May 19, 2023.…