People v. Pheng CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Defendant was 15 at the time of his offense. On February 21, 2005, defendant and several other members of his street gang ran into a member of a rival gang. Defendant, along with eight or nine other gang members, left their car and approached the rival. Defendant shot and killed him. In his defense, defendant testified someone else shot the victim. As relevant here, the jury found defendant guilty of second degree murder and found true he personally discharged a firearm causing the victim great bodily injury. (§§ 187, 12022.53, subds.(d) & (e)(1).) The trial court sentenced defendant to 15 years to life for the murder and a consecutive 25 years to life for the firearm enhancement. The trial court stayed the sentences for the multiple remaining convictions and enhancement. In 2023, defendant filed a petition seeking to have his sentence recalled and for a new sentencing hearing pursuant to section 1170, subdivision (d)(1). He did not argue his sentence amounted to a de facto life without parole sentence. The trial court denied the petition finding defendant’s sentence was not a life without parole sentence, nor its functional equivalent.…