People v. Negrete CA2/5

I. INTRODUCTION

In 1999, defendant Salvador Nicola Negrete, IV, was convicted of second-degree murder and attempted voluntary manslaughter for crimes that he committed when he was 20 years old. He was sentenced to an aggregate term of 50 years to life in prison. In 2023, defendant filed a petition for recall and resentencing under Penal Code1 section 1170, subdivision (d)(1)(A) (section 1170(d)(1)(A)), which permits juvenile offenders sentenced to life without the possibility of parole (LWOP) to petition for recall and resentencing under certain circumstances. The trial court summarily denied the petition on the grounds that defendant had not been sentenced to LWOP and was thus ineligible for resentencing. We reverse and remand for further proceedings.

II. BACKGROUND

On February 25, 1999, the Los Angeles County District Attorney charged defendant in a second amended information with the murder (§ 187, subd. (a), count 1) of Johnny Gutierrez, and the attempted premeditated murder (§§ 664, 187, subd. (a), count 2) of Marcus Gutierrez. On March 29, 1999, a jury found defendant guilty of second degree murder and attempted voluntary manslaughter (§§ 664, 192, subd. (a)). The…