People v. Guizar-Figueroa CA5

INTRODUCTION

Appellant Humberto Guizar-Figueroa contends on this appeal that the trial court abused its discretion when it denied his petition for resentencing under Penal Code section 1172.1.1 Upon review of the record, we affirm the court’s decision to deny recall and resentencing.

FACTUAL SUMMARY

On June 6, 2011, at around 8:30 p.m., Donald Younger was watching television at home with his wife and daughter when their front door suddenly opened. Appellant and his brother V. entered the house, pointed handguns at them, and yelled at them to get down and “ ‘shut up.’ ” Donald stepped in front of his wife and daughter to protect them and told the intruders to “ ‘shoot me’ ” and “ ‘kill me’ ” instead. Appellant and V. kept yelling at him to sit down. Donald’s wife was also yelling and kept telling the men to get out of their home. With all the yelling, the intruders told Donald, “ ‘now your family is in danger.’ ” When Donald’s wife started to hyperventilate, the men let her to go to the kitchen and get a drink. V. told Donald that they wanted him to take them to his pawn shop so they could take the cash and gold. Donald explained the money and gold was in a safe that was on a…