People v. Murray CA3

I. BACKGROUND

The substantive facts underlying defendant’s convictions are not relevant to our disposition and are therefore not recounted here. In 2013, a jury found defendant guilty of first degree burglary (§ 459—count 1), making criminal threats (§ 422—count 2), and receiving stolen property (§ 496, subd. (a)—count 3). The trial court sentenced defendant to a term of 65 years to life in state prison, which included 25-year-to-life terms for counts 1 and 2, and three 5-year terms for prior serious felony convictions pursuant to section 667, subdivision (a).2 The court imposed, then stayed, a 25-year-to-life sentence on count 3. An amended abstract of judgment filed in 2014 reflected defendant accrued 321 days of actual custody credit. On appeal from the underlying judgment, a different panel of this court ordered stricken two separate prior serious felony conviction enhancements for which no sentence had been imposed. (People v. Murray (Apr. 28, 2015, C074990) [nonpub. opn.].) In 2021, the trial court received a letter from the Secretary of the Department of Corrections and Rehabilitation, recommending that the court recall defendant’s sentence and resentence defendant…