People v. Cain CA3
Opinion
Opinion
Mesiwala, J.
BACKGROUND
In September 2022, a jury found defendant guilty of murder involving the infliction of torture (§§ 187, subd. (a) & 190.2, subd. (a)(18)) and reckless evasion of a police officer (Veh. Code, § 2800.2. subd. (a)). Defendant then admitted two strike convictions and a serious or violent felony conviction. Later in September 2022, the trial court sentenced defendant to life without the possibility of parole plus five years. Defendant appealed, and in March 2024, this court affirmed the judgment. (People v. Cain (March 22, 2024, C097421) [nonpub. opn.], review den. May 29, 2024, S284693.) Remittitur issued on May 30, 2024. In October 2024, defendant filed a petition for resentencing. Relying on section 1172.1, defendant asked the trial court to strike the sentencing enhancements and to reduce or modify his sentence in the interests of justice. He claimed his constitutional rights were violated by juror misconduct. In November 2024, the court summarily denied defendant’s motion and declined to exercise its discretion to recall and resentence defendant on its own motion under section 1172.1. Defendant timely appeals.