People v. Tell CA2/8

BACKGROUND

In 2012, a jury convicted appellant Richard Tell of attempted voluntary manslaughter, second degree robbery, possession of ammunition by a felon, and assault with a deadly weapon. The jury and the court also found true several sentencing enhancements. Among other things, the court found that Tell had served a prior prison term for assault with a deadly weapon. For that prior prison term, the court imposed and stayed a one-year sentence pursuant to former Penal Code section 667.5, subdivision (b). We affirmed the judgment of conviction in People v. Tell (Feb. 6, 2013, B239244 [nonpub. opn.].) On July 10, 2023, the trial court ordered a review of Tell’s case “for all purposes including but not limited to . . . resentencing.”

Undesignated statutory references are to the Penal Code.

2 The trial court appointed counsel for Tell who argued he merited resentencing because of his current age, positive prison record, mental health issues at the time of the time of the offense, and subsequent reform over the past decade of incarceration. The People opposed resentencing and argued that Tell was ineligible for resentencing for several reasons, including the fact that the…