People v. Bonilla CA2/2

BACKGROUND

In 2007, defendant was convicted of first degree murder (Pen. Code, § 187, subd. (a)), with a true finding by the jury that defendant personally and intentionally discharged a firearm proximately causing the victim’s death (§ 12022.53, subd. (d)), that a principal personally and intentionally discharged a firearm proximately causing the victim’s death (§ 12022.53, subds. (d) & (e)(1)), and that the murder was gang-related (§ 186.22, subd. (b)(1)). Defendant was sentenced to an aggregate term of 50 years to life in prison. The judgment was affirmed on direct appeal in People v. Bonilla (Mar. 19, 2009, B205363) (nonpub. opn.). In August 2023, defendant filed a petition for recall and resentencing pursuant to section 1170, subdivision (d). Following a hearing on November 8, 2023, the trial court found defendant ineligible for relief under section 1170, subdivision (d)(1), and denied the petition. Defendant filed a timely notice of appeal from the order of denial.

All further unattributed code sections are to the Penal Code unless otherwise stated.

DISCUSSION

The trial court ruled, as a matter of law, defendant did not qualify for resentencing under section…