Munoz

INTRODUCTION

Ramiro Munoz appeals from the superior court’s order denying his petition for recall and resentencing under Penal Code section 1170, subdivision (d)(1).1 After a jury convicted him in 2008 of first degree murder and shooting at an occupied motor vehicle and found true firearm and gang allegations, the trial court ultimately sentenced Munoz, who was 15 years old when he committed the crimes, to a prison term of 50 years to life. In 2023 Munoz filed a petition under section 1170, subdivision (d)(1), which authorizes defendants who were under 18 years old when they committed their crimes and who were sentenced to life without the possibility of parole (which some courts refer to as LWOP) to petition for resentencing. Munoz argues the superior court erred in denying his petition because, though he was not sentenced to life without the possibility of parole, his sentence of 50 years to life is the functional equivalent of life without the possibility of parole, which makes him eligible for relief under the statute. We conclude that Munoz’s sentence is not the functional equivalent of life without the possibility of parole and that the superior court did not err in denying…