People v. Neal CA2/3

BACKGROUND

On March 20, 1992, the trial court sentenced Neal to 185 years to life in state prison following his conviction of 31 serious and violent crimes, including seven robberies (§ 211), an assault with the intent to commit mayhem, rape, sodomy, oral copulation or another specified offense during the commission of a first degree burglary (§ 220), four burglaries (§ 459), nine forcible rapes or penetrations of genital or anal openings by foreign objects while acting in concert (§ 264.1) and two acts of forcible oral copulation while acting in concert (§ 288a, subd. (d)). On January 29, 2014, Neal filed a motion in the trial court to have his sentence recalled. He requested the trial court to resentence him to a term of 36 years to life. Following a hearing held on March 13, 2014, the trial court stated in its minute order: “On March 20, 1992, the court sentenced [Neal] to 185 years to life in state prison. [Neal] requests that this court recall the sentence and run numerous counts concurrent instead of consecutive, which would result in a sentence of 36 years to life. [Neal] takes responsibility for his crimes and begs the court to consider his conduct while in custody and…