People v. Mendiola CA2/4

background because our opinion is unpublished and the parties are familiar with the facts of the case and its procedural history. (People v. Garcia (2002) 97 Cal.App.4th 847, 851 [unpublished opinion merely reviewing correctness of trial court's decision “does not merit extensive factual or legal statement”].) Undesignated statutory references are to the Penal Code.

2 submitted on the brief at the sentencing hearing without making further argument. The prosecution did not submit a sentencing brief or make formal argument at the hearing. The trial court resentenced appellant to a total term of 40 years to life.2 It imposed a term of 15 years to life on count 1, the second degree murder of Orona, and a consecutive term of 25 years to life on count 2, conspiracy to commit murder. The court explained it ran the sentences consecutively “because I believe we have different conduct as it relates to the conspiracy charge, and different victims, as well, as it relates to the conspiracy charge.”3 The court imposed and stayed a life term on count 3, the premeditated attempted murder of Quintero, and also imposed and stayed a term of 25 years to life for a related personal use firearm…