People v. Rogers CA2/8
Opinion
Opinion
BACKGROUND
On June 26, 2012, a jury found Rogers guilty of one count of gross vehicular manslaughter while intoxicated in violation of section 191.5, subdivision (a). The jury also found true two prior convictions for driving under the influence in violation of Vehicle Code section 23152, subdivisions (a) and (b). Rogers also admitted that he suffered a prior conviction in violation of section 12021 which added one year to this sentence. The trial court sentenced Rogers to 15 years to life in state prison plus one year. (§§ 191.5, subd. (d); 667.5, subd. (b).) Rogers filed a petition for resentencing pursuant to section 1172.6. On January 6, 2023, the trial court denied the petition for resentencing under section 1172.6. Rogers also requested resentencing under section 1172.75 (former § 1171.1). If there is a written request for such relief under section 1172.75, it is not in the record on appeal. The record does include letters in support of resentencing and Rogers’s complete C-File from the Department of Corrections and Rehabilitation. On September 1, 2023, the trial court struck all fines and fees and the one-year sentence previously imposed