People v. Cervantez CA2/2

FACTS AND PROCEDURAL BACKGROUND

In 2002, a jury convicted appellant of attempted murder (§§ 187, subd. (a) & 664), assault with a firearm (§ 245, subd. (a)), and attempted robbery (§§ 211 & 664). The jury also found true firearm enhancements under section 12022.53, subdivisions (c) and (d), and that appellant personally inflicted great bodily injury (§ 12022.7, subd. (a)). Appellant was 15 years old at the time of these offenses. The trial court sentenced him to life, plus 25 years to life for one of the firearm enhancements.2 The court either stayed or ran concurrently the sentences for the other offenses. In December 2023, appellant filed a petition under section 1170, subdivision (d)(1), to recall his sentence. The People

1 Undesignated references are to the Penal Code.

2 The trial court and counsel below referred to appellant’s sentence as 32 years to life. This is accurate, given that the sentence imposed for an enhancement under section 12022.53, subdivision (d) runs consecutively to that imposed for the predicate offense, and the requirement that a defendant who receives a life sentence must generally serve at least seven years in prison before being considered for…