People v. Peete CA4/2

Good Law
Court of Appeal of CaliforniaApril 2, 2025E083682California1,350 words

Opinion

Opinion

I. FACTUAL AND PROCEDURAL HISTORY

On April 20, 2006, a jury convicted defendant of carjacking. (§ 215, subd. (a),

count 1.) The court thereafter found true an allegation that defendant committed the

carjacking for the benefit of a criminal street gang. (§ 186.22, subd (b)(1).) The court

sentenced defendant to an indeterminate term of 15 years to life in state prison. (People

v. Peete et al. (Jul. 15, 2010, E044984) [nonpub. opn.] (Peete).)

Defendant appealed. This court affirmed the judgment. (Peete, supra, E044984.)

On February 28, 2024, defendant filed a form request for recall and resentencing

pursuant to Assembly Bill No. 600 and section 1172.1. Defendant checked boxes on the

form indicating that he was eligible for resentencing because amended versions of

sections 186.22, 1109, 1170, 1170.1, and 1385 applied at the time he was sentenced.

Defendant provided examples of rehabilitative efforts he had made during his

imprisonment.

The court denied defendant’s request by memorandum of decision. The court

noted that none of the statutory changes made to the Penal Code sections reflected in

defendant’s request, which were all made between 2019 and 2022, applied to…

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