People v. Candler CA2/1

BACKGROUND

In 1995, a jury found defendant guilty of kidnapping for robbery (§ 209, subd. (b)), second degree robbery (§ 211), and assault with a firearm (§ 245, subd. (a)(2)). As to each count the jury also found true allegations of firearm use under sections 12022, subdivision (a)(1) and 12022.5, subdivision (a). The trial court sentenced defendant to life for the kidnapping count and added three years for the true finding under section 12022.5, subdivision (a). The court imposed sentences on the other counts and enhancements but stayed the sentences pursuant to section 654.

Unspecified statutory references are to the Penal Code.

2 In 1996, following review of an amenability report prepared by the California Youth Authority, the trial court denied defendant’s motion for a new trial and denied probation. The court resentenced defendant to life for the kidnapping count plus four years for the section 12022.5, subdivision (a) enhancement.2 The court again imposed but stayed sentence on the other counts and enhancements pursuant to section 654. On October 30, 2023, defendant filed a petition under section 1170, subdivision ((d)(1) and People v. Heard (2022) 83 Cal.App.5th 608…