Olmos

I. INTRODUCTION

In 2001, defendant Luis Olmos was convicted of murder and other crimes that he committed when he was 17 years old. He was sentenced to an aggregate term of 33 years to life in prison. In 2023, defendant filed a petition for recall and resentencing under Penal Code 1 section 1170, subdivision (d)(1)(A) (section 1170(d)(1)(A)), which permits juvenile offenders sentenced to life without the possibility of parole (LWOP) to petition for recall and resentencing under certain circumstances. Defendant, who mistakenly believed that he had been sentenced to 41 years to life, argued that because his sentence was the functional equivalent of LWOP, he was entitled to relief under section 1170(d)(1)(A). The trial court, which also mistakenly believed that defendant had been sentenced to 41 years to life, denied the petition on the grounds that defendant had not been sentenced to the functional equivalent of LWOP. Defendant then filed a petition for writ of habeas corpus in which he challenged the denial of resentencing, which this court deemed a timely notice of appeal. We affirm.

II. BACKGROUND

On April 30, 1996, defendant and six fellow gang members surrounded and…