People v. Armendariz CA4/2

BACKGROUND

In 2019 a jury convicted Armendariz of first degree murder (Pen. Code1, § 187,

subd. (a)) after he pleaded guilty to being a felon in possession of a firearm. (§ 29800,

subd. (a)). The jury also found true multiple enhancements, including a gang

enhancement (§ 186.22, subd. (b)(1)(C)), and multiple firearm enhancements

(§ 12022.53, subds. (c)-(e)).

On appeal, we vacated various enhancements and additional sentences for prior

prison terms, and remanded for Armendariz to be resentenced. (People v. Lopez (Nov. 3,

2022, E073016) [nonpub. opn.] (Lopez).) The California Supreme Court granted the

People’s petition for review on February 1, 2023.

Meanwhile, in February 2022, Armendariz petitioned for resentencing under what

is now section 1172.6. The court denied the petition without prejudice, saying, “I don’t

have jurisdiction. It’s on direct appeal.”

1 Unlabeled statutory citations refer to the Penal Code.

2 In August 2023 Armendariz filed another section 1172.6 petition. At the hearing,

Armendariz’s counsel stated, “I have confirmed that the jury had to have made a finding

that [Armendariz] had the intent to kill. I’ll submit.” The prosecution told the…