People v. Guzman CA2/3

INTRODUCTION

We reversed defendant and appellant Carlos Guzman’s 2012 conviction of first degree murder and remanded for either a retrial or a reduction of his sentence to second degree murder. In 2014, Guzman’s sentence was reduced, and he was resentenced, without the benefit of a supplemental probation report. In this appeal, Guzman contends that the trial court’s failure to order a supplemental probation report entitles him to another sentencing hearing. We disagree and affirm the judgment.

BACKGROUND1

A jury found Guzman guilty of first degree murder (Pen. Code, § 187, subd. (a))2 and found true a gang allegation (§ 186.22, subd. (b)(1)(C)). Based on a prior serious felony constituting a strike under the “Three Strikes” law, which Guzman admitted, the trial court, after denying a Romero motion,3 sentenced him to 25 years to life, doubled to 50 years to life, on November 30, 2012. At the sentencing hearing, the trial court had available to it a probation report, prepared May 26, 2011. Guzman appealed. In our opinion filed on June 19, 2014,4 we concluded that the jury had been erroneously instructed on aiding and abetting and the natural and probable consequences doctrine.…