People v. Cheng CA3

I. BACKGROUND

A. The Charges, Defendant’s Plea, and Sentencing In 1996, defendant and codefendant Anouthinh Pangthong were jointly charged with the murder (§ 187) and attempted carjacking (§§ 664/215, subd. (a)) of Doug Thornton. It was alleged that the murder was committed during a robbery or attempted robbery (§ 190.2, subd. (a)(17)). For both offenses, it was alleged that Pangthong personally used a firearm (§§ 1203.06, subd. (a)(1), 12022.5, subd. (a)), and, as to defendant, that a principal was armed with a firearm (§ 12022, subd. (a)). Defendant, who was 17 years old at the time of the crimes, was found unfit for juvenile court and was tried as an adult. In November 1996, defendant pled guilty to first degree murder.2 The prosecutor dismissed the attempted carjacking count, the court struck all enhancements, and the following month, the court sentenced defendant to 25 years to life in prison.

1 Undesignated statutory references are to the Penal Code. Defendant filed his resentencing petition under former section 1170.95. Effective June 30, 2022, the Legislature renumbered former section 1170.95 to section 1172.6, with no relevant change. (Stats. 2022, ch. 58, § 10.)…