People v. Bivens CA5

INTRODUCTION

Appellant Jerry Lee Bivens was convicted by jury of attempted premeditated murder (Pen. Code,1 §§ 664, 187, subd. (a); count 1), two counts of assault with a firearm (§ 245, subd. (a)(2); counts 4, 5), shooting at an occupied motor vehicle (§ 246; count 3), and possession of a firearm by a felon (§ 29800, subd. (a)(1); count 6). In addition, the jury found true enhancement allegations for personal use of a firearm (§§ 12022.5, subd. (a), 12022.53, subd. (d))2 and infliction of great bodily injury (§ 12022.7, subd. (a)). Bivens admitted he had suffered a prior strike conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) and served four prior prison terms (§ 667.5, subd. (b)). He was sentenced to an aggregate prison term of 25 years to life with the possibility of parole, plus 23 years. On April 27, 2022, this court reversed Bivens’s sentence on direct appeal and remanded the matter back to the trial court for a resentencing hearing. (See People v. Bivens (Apr. 27, 2022, F079200) [nonpub. opn.] (Bivens I).) On March 14, 2025, the trial court resentenced Bivens to life with the possibility of parole with a minimum…