People v. Castaneda CA5

INTRODUCTION

On November 8, 2006, a jury convicted appellant Victor Manuel Castaneda of second degree murder (Pen. Code, § 187, subd. (a),1 count 1)2 and conspiracy to commit murder (§§ 182, subd. (a)(1), 187, subd. (a), count 2). As to count 2, the jury also found true the gang-murder special circumstance (§ 190.2, subd. (a)(22)) and gang enhancement (§ 186.22, subd. (b)(4)). Subsequently, based on the gang-murder special circumstance finding in count 2, the trial court sentenced Castaneda to an indeterminate term of life without the possibility of parole, plus a consecutive 15-year term for the gang enhancement. On December 19, 2018, our Supreme Court issued the following order to show cause regarding the gang-murder special circumstance (§ 190.2, subd. (a)(22)) finding:

“The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause returnable before the Kings County Superior Court, when the matter is placed on calendar, why [Castaneda] is not entitled to a full resentencing hearing because components of his sentence, including his term of life without the possibility of parole for conspiracy, are unauthorized. (See Attorney General’s Informal…