People v. Garcia CA2/2

BACKGROUND

On May 15, 2008, defendant was convicted of conspiracy to commit murder in violation of Penal Code section 182, subdivision (a)(l),1 as charged in the amended information. The trial court therefore found true the prior conviction for first degree burglary alleged under section 1170.12, subdivisions (a)– (d) and section 667 subdivisions (b)–(i), as well as the five-year recidivist enhancement of section 667, subdivision (a). The court denied defendant’s Romero motion to strike the first degree burglary conviction for purpose of sentencing2 and sentenced defendant to a term of 25 years to life in prison, doubled as a second strike, plus a consecutive five years pursuant to section 667, subdivision (a), for a total of 55 years to life. Defendant was awarded presentence custody credits of 876 actual days and 31 days conduct credits calculated at 15 percent pursuant to section 2933.1. The judgment was affirmed in People v. Garcia (Apr. 28, 2011, B210960) (nonpub.opn.). Defendant filed a petition for a writ of habeas corpus on January 16, 2024, which was summarily denied on February 23, 2024, in a written decision. Counsel was not appointed nor was a hearing held. Defendant…