Ortega

I.

FACTS AND PROCEDURAL BACKGROUND

In August 1996, Ortega was involved in a gang-related shooting in Santa Ana when he was 17 years old. Ortega was a passenger in a car when he fired multiple shots at four people who were in another car. One of the four intended victims was shot in the heart and died. Another victim was shot in the back and survived. In April 2001, the People filed an amended information charging Ortega with one count of murder, three counts of attempted murder, and related firearm enhancements. In May 2001, a jury found Ortega guilty of the charged crimes, and found true the firearm enhancements. The trial court sentenced Ortega to a total aggregate sentence of 25 years to life, plus a determinate term of 17 years (effectively 42 years to life). In September 2023, Ortega filed a petition seeking recall and resentencing. (§ 1170 (d)(1).) The trial court summarily denied the petition in a written order. Citing Graham v. Florida (2010) 560 U.S. 48, 75 (Graham), the court found that Ortega “has ‘some meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.’ As such, Petitioner was not sentenced to the functional equivalent of LWOP…