In re Calderon CA5

STATEMENT OF FACTS

A Tulare County jury convicted petitioner jury of six counts of attempted murder (Pen. Code, §§ 664, 187) and one count of shooting at an inhabited dwelling (Pen. Code, § 246). The jury also found true numerous sentencing enhancements. Petitioner was originally sentenced in October of 2011 to 120 years to life.

 Before Poochigian, Acting P.J., Detjen, J., and Sarkisian, J.† † Judge of the Fresno Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. On appeal, this court concluded the sentence constituted cruel and unusual punishment under Graham v. Florida (2010) 560 U.S. 48 and People v. Caballero (2012) 55 Cal.4th 262 because petitioner was only 17 years of age at the time he committed the offenses. (People v. Calderon (May 23, 2013 , F063435) [nonpub. opn.] at pp. 15-17.) This court reversed and remanded the case for resentencing. (Id. at p. 17.) In the verified habeas petitions he filed in this case and the related action, No. F068837, petitioner states he was resentenced on October 28, 2013, to 55 years to life.1 He also claims to have asked his attorney at the sentencing hearing to file a notice…