People v. Mendoza CA4/2

BACKGROUND

In 2010, the trial court sentenced Mendoza to 30 years three months in state prison

pursuant to a plea bargain in which Mendoza pled guilty to 12 felonies, including three

counts each of robbery (§ 211) and false imprisonment (§ 236)—one for each of three

victims—and one count of active gang participation (§ 186.22, subd. (a)). Mendoza also

admitted the truth of various sentencing enhancement allegations, including that he

personally used a firearm in the commission of each of the robbery offenses within the

meaning of subdivision (b) of section 12022.53 and that he personally used a firearm in

2 the commission of each of the false imprisonment offenses within the meaning of section

12022.5.

In 2019, the Department sent a letter to the superior court recommending that the

court recall Mendoza’s sentence and resentence him under former section 1170(d)(1) in

light of the statutory amendment affording trial courts the discretion to strike or dismiss

personal use firearm enhancements. (§ 12022.53, subd. (h).) The Department submitted

various documents along with its recommendation, including a cumulative case summary

and evaluation report that provided a…