People v. Socha CA2/2

BACKGROUND

In 1991, defendant was convicted of 20 felony counts arising from violent sexual attacks on five different women.2 He was convicted of 13 counts of forcible oral copulation, one count of forcible sexual penetration with a foreign object, three counts of forcible sodomy, two counts of second degree robbery, and one count of kidnapping to commit a felony sexual offense. Allegations of deadly weapons use were found true as to 19 of the 20 counts, and defendant was sentenced to a total determinate prison term of 117 years. Defendant had presented an unsuccessful insanity defense. The judgment was affirmed on appeal in Socha I, supra, B061637. In 2020, defendant petitioned in propria persona for resentencing pursuant to section 1170.91, subdivision (b). On August 4, 2020, the trial court summarily denied the petition

All further statutory references are to the Penal Code, unless otherwise indicated. The record before us includes the information, the abstract of judgment, a minute order regarding defendant’s sentencing, and the nonpublished opinion affirming the 1991 judgment in People v. Socha (July 23, 1992, B061637) (Socha I). We derive the procedural and…