People v. McCloud CA1/2

BACKGROUND

In 2009, a jury convicted McCloud of second degree robbery (Pen. Code,1 § 211; count 1) and assault with a firearm upon victim Maryann S. (§ 245, subd. (a)(2); count 2). The following enhancements were also found true: as to count 1, that McCloud personally and intentionally discharged a firearm, which proximately caused great bodily injury to victim Abraham A. (§ 12022.53, subds. (c), (d)), and as to count 2, that he personally used a firearm (§ 12022.53, subd. (b)). In December 2009, the trial court sentenced

1 Undesignated statutory references are to the Penal Code.

1 McCloud to 32 years, four months to life in prison, consisting of an indeterminate term of 25 years to life for discharging a firearm and causing great bodily injury under section 12022.53, subdivision (d), plus a determinate sentence of five years for count 1, one year for count 2, and one year, four months for the firearm enhancement associated with count 2. In April 2024, McCloud filed an “Invitation to the Court for Resentencing Pursuant to Penal Code [section] 1172.1.” Within the month, the filing was on the trial court calendar, along with other pending open matters pertaining to McCloud,…