People v. Soto CA6

I. FACTUAL AND PROCEDURAL BACKGROUND

In 2018, Soto pleaded no contest to two felony violations of section 192, subdivision (a), voluntary manslaughter (Counts 3 and 4). Soto also admitted enhancements as to count 3, based on allegations that the offense was committed for the

1 Before Wilson, J., Bamattre-Manoukian, Acting P. J., and Danner, J. 2 Undesignated statutory references are to the Penal Code. benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)), and with the use of a firearm (§ 12022.5, subd. (a).) Soto indicated, and the trial court found, that the preliminary hearing transcript provided the factual basis for his plea. Pursuant to the terms of the plea agreement, the trial court sentenced Soto to a total of 33 years, dismissing the remaining counts and enhancements. On October 11, 2022, Soto submitted a letter to the trial court, in which he raised “questions and concerns regarding the 1170(d) and new 1170.03 recall for resentencing,” stated that he had “sent a petition/motion for sentence modification for SB 1437 / SB 775,” and “request[ed] the petition for the recall of resentence.”3 The trial court appointed counsel for Soto and set a hearing for…