People v. Luengas CA6

I. BACKGROUND

The facts of the offense are immaterial. In 2007, Luengas pleaded no contest to three counts: count 1—voluntary manslaughter (Pen. Code, § 192, subd. (a))1; count 2— attempted second degree robbery (§§ 211, 664); and count 3—conspiracy to commit robbery (§ 182, subd. (a)(1)). With respect to counts 2 and 3, he admitted he personally and intentionally discharged a firearm in the commission of the offense. (§ 12022.53, subd. (c).) In accord with a negotiated disposition, the trial court imposed a total term of 32 years eight months in state prison. The court selected count 1 for the principal term and imposed the aggravated term of 11 years for that count. On counts 2 and 3, the court imposed consecutive terms equal to one-third the middle terms—eight months and one year, respectively. For the firearm enhancement, the court imposed a consecutive term of 20 years. In 2020, the Secretary recommended to the trial court that it recall Luengas’s sentence and resentence him under section 1170, subdivision (d). The Secretary’s letter identified an apparent error in the sentence imposed: The trial court had imposed a full consecutive term of 20 years for the firearm…