People v. Cingcon CA3

BACKGROUND

In 1985, in case No. STK-CR-FE-1985-0000134, formerly case No. SC036781A (case No. 134), defendant pleaded no contest to assault with a deadly weapon. (Former § 245, subd. (a).) The trial court suspended imposition of sentence and placed defendant on probation for five years with a condition that he serve 365 days in jail. Then, during the year 1995, in case number STK-CR-FE-1995-0006201, formerly case No. SC058416A (case No. 201), defendant pleaded guilty to two counts of first degree residential burglary. (§ 459.) The trial court sentenced defendant to four years in state prison. Later, in 2016 and as part of case No. 15F00349, a jury found defendant guilty of attempted murder, assault with a firearm, and unlawful possession of a firearm by a felon. The trial court sentenced defendant to an aggregate 69 years to life in prison. (People v. Cingcon (July 18, 2017, C083020) [nonpub. opn.]; People v. Cingcon (Oct. 13, 2023, C098296) [nonpub. opn.].) That indeterminate judgment is not the subject of this appeal. In 2024, defendant filed petitions for resentencing under section 1170.126 in case Nos. 134 and 201. The trial court denied both petitions, concluding that…