People v. Rodriguez CA2/1

BACKGROUND

After a jury convicted defendant of first degree murder,2 the trial court sentenced defendant to an indeterminate term of 53 years to life. The term consisted of 25 years to life for the murder, three years for the section 186.22 gang enhancement, 25 years for the section 12022.53, subdivision (d) gun enhancement. On June 20, 2023, defendant filed a petition to recall and resentence him pursuant to section 1170, subdivision (d)(1) and People v. Heard (2022) 83 Cal.App.5th 608 (Heard). Defendant averred he was 15 years old at the time of his crime and committed the offense with at least one adult codefendant and performed acts that tend to indicate rehabilitation or the potential for rehabilitation. Defendant requested the court

Undesignated statutory citations are to the Penal Code. The complete jury verdict is not included in the record.

2 appoint an attorney to represent him. The court appointed counsel. The People argued defendant was not eligible for resentencing because he had not been sentenced to life without the possibility of parole. The People further argued defendant was not serving the functional equivalent of life without the possibility of…