People v. Sylvester CA2/1

BACKGROUND

1. Conviction and sentencing On July 22, 1997, a jury found defendant guilty of second degree murder, and found true that he had personally used a firearm in committing the offense. The victim was the mother of defendant’s child. According to the opinion in defendant’s appeal from his conviction, defendant shot the victim during an argument about child custody. On August 20, 1997, the trial court sentenced defendant to a total of 41 years to life. This consisted of 15 years to life for the murder, doubled to 30 years for a prior strike under the “Three Strikes” law, plus the midterm of four years for the firearm enhancement, a five-year prior conviction enhancement under section 667, subdivision (a)(1), and two 1-year enhancements under section 667.5, former subdivision (b) for two prior prison terms.

2. Resentencing proceedings On or about February 16, 2023, the Department of Corrections and Rehabilitation referred defendant to the trial court under section 1172.75 for review of his sentence. On September 19, 2023, the trial court found defendant eligible for relief, recalled defendant’s sentence, and set the matter for resentencing. In advance of the…