People v. Diaz CA4/3

FACTS

In 2007, a jury found Diaz guilty of first degree murder and street terrorism. Diaz was 20 when he committed the crimes. The jury found true the special circumstances that the murder was committed by lying in wait and to further the activities of a criminal street gang. It also found true 2 All further statutory references are to the Penal Code.

2 that, in committing the murder, Diaz personally and intentionally discharged a firearm causing death and that he committed the murder for the benefit of a criminal street gang. In a bifurcated proceeding, the trial court then found true an allegation that Diaz had suffered a prior strike conviction. It sentenced Diaz to LWOP, plus 40 years to life, and a determinate term of five years. On appeal from the judgment, this court struck a 15-year-to-life gang enhancement but otherwise affirmed the judgment. (People v. Diaz (Jan. 22, 2009, G039522) [nonpub. opn.].) On remand, the trial court corrected the sentencing minutes and abstracts of judgment to show Diaz was sentenced to an aggregate term of LWOP, plus 25 years to life, plus 5 years. In June 2023, Diaz filed a motion for: (1) a Franklin proceeding pursuant to…