People v. Olivarez CA3

FACTS

The details of the underlying convictions are not relevant to the disposition in this matter. In 2009, Olivarez was charged via information with multiple counts, including

Undesignated statutory references are to the Penal Code.

1 murder (§ 187; count 1), attempted murder (§§ 664 & 187; count 2), and being a felon with a firearm (former § 12021, subd. (a)(1); count 3). The information also alleged several firearm enhancements as to counts 1 and 2 (§ 12022.53, subds. (a), (b), (c), (d)), a prior strike conviction under the former “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12), and two prior prison terms (§ 667.5, subd. (b)), based on Olivarez’s convictions in 2006 for arson (§ 451) and for possession of a controlled substance (Health & Saf. Code, § 11377) and failure to appear (§ 1320, subd. (b)). A jury convicted Olivarez of counts 1 through 3 and found true multiple firearm enhancements. In a bifurcated proceeding, the court found true the prior strike conviction and the prior prison term enhancements. The court sentenced Olivarez to an aggregate term of 118 years to life and stayed the sentence on the two prior prison term enhancements. In 2024,…