People v. Mendoza CA4/2

BACKGROUND

The events leading up to defendant’s petition for resentencing are taken from our

opinion issued in his appeal from the judgment. (People v. Mendoza (Dec. 28, 2001,

E028742) [nonpub. opn.].)

Defendant was convicted of attempted premeditated and deliberate murder

(§§ 664, 187) with related charges of discharging a firearm causing great bodily injury

and assault with a firearm during which he used a handgun (§§ 245, subd. (a)(2),

12022.5, subd. (a), 12022.53, subd. (d)). The court sentenced him to life in prison plus a

consecutive term of 25 years to life. He appealed and we affirmed the judgment.

DEFENDANT’S PETITION FOR RESENTENCING

In 2018, the Legislature enacted section 1170.95 (Stats. 2018, ch. 1015, § 4, eff.

Jan. 1, 2019), a provision that authorizes a person convicted of felony murder or murder

under a natural and probable consequences theory to file with the sentencing court a

petition to vacate the conviction and be resentenced.

Defendant filed a petition for resentencing on May 18, 2019. Defendant did not

appear but was represented by counsel on June 4, 2019, when the trial court denied the

All further statutory references are to the Penal…