People v. Smith CA1/2

BACKGROUND

On February 24, 1995, after being served with divorce papers, Smith shot and killed his wife, shot and injured his wife’s mother, and fled the scene with his three-year-old daughter. On March 18, 1996, Smith was convicted by a jury of first degree murder with personal use of a firearm (§§ 187, subd. (a), 12022.5, subd. (a)); attempted voluntary manslaughter with personal use of a firearm (§§ 664/192, subd. (a)); and child endangerment while armed with a firearm (§§ 273a, subd. (a), 12022, subd. (a)(1)). Smith was sentenced on September 6, 1996, to an aggregate prison term of 44 years, two months to life, consisting of an indeterminate term of 25 years to life, and a consecutive determinate term of 19 years, 2 months. On April 1, 1998, the judgment was affirmed on appeal. On January 6, 2021, Smith filed a petition for recall of sentence and resentencing pursuant to section 1170.91, subdivision (b)(1). Smith alleged that the “intense training and multiple tours of duty [of his 1983-1989 military service] took a serious emotional and mental toll on him.” Smith argued that he was an appropriate candidate for resentencing because he had “dedicated himself to rehabilitation…