People v. Hitchcock CA2/3

BACKGROUND

In 2002, Tiffany Scott’s body was found on a Santa Monica beach. (People v. Hitchcock (Apr. 13, 2006, B179692) [nonpub. opn.].)2 She had been shot in the head. The night Scott was

1 All further undesignated statutory references are to the Penal Code. 2 We take judicial notice of that opinion. (Evid. Code, § 451, subd. (a).)

2 killed, witnesses saw two people running from the beach. Hitchcock later told M.F. that she and Kristopher Bean, who used to date Scott, shot Scott. (Ibid.) Hitchcock and Bean later denied to investigators that they shot Scott, saying instead that a third man shot her. In 2004, a jury convicted Hitchcock of second degree murder (§ 187, subd. (a)) and found true a personal firearm use allegation (§ 12022.53, subd. (d)). That same year, the trial court sentenced Hitchcock to 15 years to life for the murder plus 25 years to life for the firearm enhancement, for a total prison term of 40 years to life. In 2023, Hitchcock petitioned for recall and resentencing under section 1170, subdivision (d). Citing Heard, supra, 83 Cal.App.5th 608, Hitchcock argued that she had been sentenced to the functional equivalent of life without parole. She further…