People v. Peete CA4/2
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…