People v. Boode CA1/4

BACKGROUND

In 2010, a jury convicted Boode of two counts of first degree murder under section 187, subdivision (a), and found true special circumstance allegations under section 190.2, subdivision (a)(3) and (17)(A), as well as enhancements under sections 12022.5, subdivision (a), 12022.53, subdivisions (d) and (g), and 12022.7, subdivision (a). The trial court subsequently sentenced her to 120 years to life without the possibility of parole.

1 All further statutory references are to the Penal Code unless

otherwise stated.

1 On March 12, 2024, Boode filed a section 1172.1 petition for resentencing in connection with her 2010 convictions. Her petition discussed her youth at the time of the underlying offenses, childhood trauma, and subsequent rehabilitative efforts. She also referenced the Alameda County District Attorney’s review of her sentence. On April 25, 2024, the trial court declined to take action on Boode’s petition, citing section 1172.1, subdivisions (a)(1), (5), and (c), and otherwise dismissed the petition for lack of jurisdiction. Boode timely appealed on May 23, 2024. Boode contends (1) the trial court had jurisdiction under section 1172.1 to recall her sentence…