People v. Armstrong CA3

I. BACKGROUND

In 2011, a jury found defendant guilty of two counts of second degree murder (Pen. Code, § 187, subd. (a)) and found true as to each count that defendant personally and intentionally discharged a firearm causing death (§ 12022.53, subd. (d)). Following a remand from this court due to sentencing error, the trial court sentenced defendant to 80 years to life imprisonment. In 2023, defendant petitioned for resentencing pursuant to section 1172.6, asserting he could no longer be convicted of murder due to legislative changes to murder liability. The People opposed the petition, arguing defendant was ineligible for relief because the jury had not been instructed on a now invalid theory of murder. In reply, defendant stated, “If the court disagrees that there is relief under section 1172[.6], the defense requests the court to either [reduce] the gun enhancements to lesser charges or stay them.” The reply brief discussed how recently enacted Senate Bill No. 620 (2017- 2018 Reg. Sess.) (Stats. 2017, ch. 682, § 2), which amended section 12022.53, and Senate Bill No. 81 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 721, § 1), which amended section 1385, would permit such relief.…