People v. Castro CA2/2

BACKGROUND

Appellant, a gang member, conspired with fellow gang members to kill Jaime Castillo, whom they believed was going to testify about murders and other crimes committed by the gang. In January 1998, appellant rode in a vehicle with Castillo and others to a remote location and shot Castillo in the back of the head, killing him. Appellant was found guilty by a jury of conspiracy to commit murder and first degree murder. The jury found true the special circumstance allegation that Castillo was a witness to a crime who was intentionally killed to prevent him from testifying, and found true the allegation that appellant was a principal in the murder and at least one principal intentionally and personally discharged a firearm that caused great bodily injury. This court affirmed appellant’s conviction on appeal but modified

1 Undesignated statutory references are to the Penal Code.

2 the sentence by striking an unauthorized firearm enhancement, leaving appellant’s LWOP sentence intact. (People v. Bermudez et al. (July 21, 2003, B148380) [nonpub. opn.].) In February and March 2023, appellant filed motions pursuant to Franklin, supra, 63 Cal.4th 261, and In re Cook (2019) 7…