People v. Sanders CA2/8

FACTS

Background In March 2007, a jury convicted Sanders of two counts of attempted murder with findings that he personally discharged a firearm causing great bodily injury. (Pen. Code, §§ 664 & 187, subd. (a); 12022.53, subds. (b), (c), (d))1 and two counts of assault with a firearm with findings that he personally inflicted great bodily injury. (§§ 245, subd. (a)(2); 12022.7, subd. (a).) In March 2008, the trial court imposed a sentence of 64 years to life. (People v. Sanders (2010) 189 Cal.App.4th 543.) On appeal, we affirmed Sanders’s judgment in “all . . . respects,” except to the extent it imposed a consecutive, determinate, full midterm of seven years on his second attempted murder conviction. (People v. Sanders, supra, 189 Cal.App.4th at p. 561.) We remanded the case to the trial court “with directions to impose one-third the midterm for this offense.” (Ibid.) In May 2011, following issuance of the remittitur, the trial court prepared a nunc pro tunc order sentencing Sanders to a total term of “59 years and 4 months to life,” computed as follows: on count 1 (attempted murder) a determinate midterm of 7 years, plus 25 years to life for the firearm use enhancement; on count…