In re D.Z. CA3

BACKGROUND

When D.Z. was 17 years old, he participated in an attempted carjacking with codefendant Mikhael Vlasov, who fatally shot the victim C.C. (People v. Zhuk (July 18, 2008, C047365) [nonpub. opn.] (Zhuk I).)1 A month later, D.Z. unsuccessfully attempted to steal K.W.’s car. D.Z. was also accused of attempting to carjack a third person, I.W., while armed the night before C.C. was murdered. A jury found D.Z. guilty of the murder, attempted carjacking and attempted robbery of C.C., as well as the attempted carjacking of K.W. The jury found D.Z. not guilty of the attempted robbery and assault with a firearm of I.W. The trial court sentenced D.Z. to life without the possibility of parole, and this court affirmed his convictions on appeal. (Zhuk I, supra, C047365.) D.Z.’s sentence was later reduced to 25 years to life. (Zhuk II, supra, C093995.) During the initial sentencing hearing, the trial court imposed a $10,000 restitution fine and set direct victim restitution at $9,014.25. D.Z. paid each of those financial obligations in full. Nearly two decades later, D.Z. filed a petition for resentencing under Penal Code section 1172.6. Following an evidentiary hearing, the trial…