Frederickson

FACTS

A jury convicted Travis Scott Frederickson in 1998 of two counts of first degree murder and found he personally used a firearm. (§ 187; former § 12022.5, subd. (a).) The jury also found true a special circumstance of multiple murder. (§ 190.2, subd. (a)(3).) The trial court (Judge Richard L. Weatherspoon) sentenced Frederickson to life without the possibility of parole. (§ 190.2, subd. (a).) Frederickson invited the trial court in 2024 to recall his sentence and resentence him based on a change in the law allowing courts to strike firearm enhancements. (§ 1172.1; compare former § 12022.53, subd. (h) [“court shall not strike [enhancement] allegation”] with § 12022.53, subd. (h) [“court may . . . strike or dismiss an enhancement”].) The district attorney agreed the change would generally allow the court to vacate the true finding on the firearm enhancement and resentence Frederickson. The district attorney, however, continued: “But the court still does not, respectfully, does not have discretion under 1385.1 to do anything. And the People’s legal

1 All statutory references are to this code.

2 argument is the court doesn’t have any discretion to do anything that would in…