People v. Superior Court (Valdez)
Opinion
Opinion
BACKGROUND
I. The conviction and sentence
Valdez was born in April 1981. In 2000, a jury convicted him of first degree
murder (§ 187, subd. (a)) for a killing committed when he was 17 years old. (People v.
Valdez (Feb. 26, 2002, E028843) [nonpub. opn.].) The jury found true a hate-crime
special circumstance (§ 190.2, subd. (a)(16)) and a firearm enhancement (§ 12022.53,
subd. (d)), and the court found true a gang enhancement (§ 186.22, subd. (b)(1)). The
3 trial court sentenced Valdez to 25 years to life plus LWOP. Valdez appealed, and we
affirmed the judgment in an unpublished opinion. (People v. Valdez, E028843.)
II. Resentencing under section 1170(d)(1)
In 2018, Valdez petitioned for resentencing under former section 1170,
subdivision (d)(2), which was subsequently redesignated as section 1170(d)(1). (Senate
Bill No. 567 (2021-2022 Reg. Sess.); Stats. 2021, ch. 731, § 1.3.) The trial court granted
the petition and resentenced Valdez to 50 years to life in state prison.
III. Resentencing under section 1170(d)(10)
In November 2022, Valdez became eligible under section 3051 for youth offender
parole at age 41. Valdez received a youth offender parole…