Grajeda

INTRODUCTION

In 2012 a jury found Daniel Tomas Grajeda guilty of first degree murder and possession of a firearm by a felon. The jury also found true gang and firearm allegations, and the trial court found true allegations Grajeda had served four prior prison terms. The trial court ultimately sentenced Grajeda to an aggregate prison term of 59 years to life. In 2024 the superior court held a resentencing hearing under Penal Code, section 1172.75,1 at which Grajeda appeared remotely. At the beginning of the hearing the court denied Grajeda’s request to postpone the hearing to allow him to speak with his attorney. The court resentenced Grajeda to an aggregate prison term of 50 years to life. Grajeda argues the superior court abused its discretion in denying his request to continue the hearing and declining to hear argument on whether to strike the firearm enhancement. He also argues he received ineffective assistance of counsel. We conclude that, once the court determined Grajeda’s sentence included legally invalid enhancements, Grajeda was entitled to a full resentencing and had a constitutional right to effective assistance of counsel at the resentencing hearing. We also conclude…