People v. Chavez CA4/3

I.

FACTS AND PROCEDURAL BACKGROUND

In 2002, Chavez admitted he was the driver in a drive-by shooting. In 2007, a jury convicted Chavez of murder, related crimes, and

1 Further undesignated statutory references are to the Penal Code. “When a defendant who was under 18 years of age at the time of the commission of the offense for which the defendant was sentenced to imprisonment for life without the possibility of parole has been incarcerated for at least 15 years, the defendant may submit to the sentencing court a petition for recall and resentencing.” (§ 1170, subd. (d)(1)(A), italics added.) 2 found true firearm and gang enhancements. The trial court imposed an aggregate sentence of 40 years to life. This court affirmed the judgment on direct appeal. (People v. Chavez (Nov. 20, 2008, G038830) [nonpub. opn.].) In 2019, Chavez filed a petition for resentencing under former section 1170.95 (now § 1172.6). The trial court denied the petition following an evidentiary hearing. This court affirmed the court’s ruling after his appointed counsel filed a Wende brief. (People v. Chavez (Apr. 26, 2022, G060584) [nonpub. opn.].) On February 9, 2024, Chavez filed a petition under section…