People v. Sanders CA2/6

FACTS

Underlying Offense In 1996, Sanders was convicted by a jury of one count of a lewd act on a 10-year-old child. (§ 288, subd. (a).) The jury also found true that Sanders had two prior “strike” convictions (§§ 667, subd. (e)(2)(A), 1170.12, subd. (c)(2)(A)) and served five prior prison terms (§ 667.5, subd. (b)). The trial court sentenced Sanders to 25 years to life, plus one year for one prior prison term and stayed imposition of sentence on the other prison term priors. At trial of the underlying offense the prosecution produced evidence that Sanders also sexually molested a five-year-old child and a six-year-old child, and molested and raped a 13-year-old child. We affirmed the conviction and sentence. (People v. Sanders (June 26, 1997, B102097) [nonpub. opn.].) Prior Strikes In 1970, Sanders was convicted of second degree burglary. (§ 459.) In treating the burglary as a strike, the trial court reviewed the record and determined the burglary was of an inhabited building. In 1976, Sanders was convicted of assault with a deadly weapon. (§ 245, subd. (a).) Section 1172.75 and Romero Motion In April 2022, Sanders filed a petition for resentencing under section 1172.75 and to…