People v. Valdivia CA4/2

BACKGROUND

1. The circumstances leading to defendant’s conviction

The background leading up to defendant’s petition for resentencing is taken from

our opinion issued in defendant’s appeal from the judgment. (People v. Valdivia (Jul. 28,

2009, E045656) [nonpub. opn.].) A copy of the opinion is included in the record on

appeal.

In August 2005, defendant was the driver during a gang-related shooting. After

driving by three men standing in the front yard of an occupied home, defendant made a

U-turn and stopped the car. A passenger in the car, Richard Granillo, began repeatedly

shooting a semiautomatic weapon at the men, killing one of them. A jury convicted

defendant of four felonies with enhancements: second degree murder, two counts of

attempted murder, and shooting at an occupied house. (§§ 186.22, subd. (b), 187,

subd. (a), 246, 664, 12022.53, subds. (d) & (e).) The court sentenced defendant to a total

prison sentence of 126 years to life. Defendant appealed his conviction to this court, and

we affirmed the judgment. (People v. Valdivia, supra, E045656.)

All further statutory references are to the Penal Code.

2 2. Defendant’s petition for resentencing

In…