People v. Thompson CA5

BACKGROUND

In 1997, appellant pled nolo contendere to robbery in the second degree (§§ 211, 212.5, subd. (c)); kidnapping for the purpose of committing a robbery (§ 209, subd. (b) [Stats. 1990, ch. 55, § 3]);2 willful discharge of a firearm (§ 246.3 [Stats. 1988, ch. 1275, § 1]); and for being a felon in possession of a firearm (former § 12021, subd. (a)(1) [Stats. 1995, ch. 178, § 1]). After a prior serious felony (§ 667, subd. (a)) and a firearm use enhancement (§ 12022.5) were also applied, appellant received a sentence of 33 years to life. On March 16, 2020, Ralph Diaz, then Secretary of the Department of Corrections and Rehabilitation (CDCR), sent a letter to the Fresno County Superior Court recommending appellant’s sentence be recalled and he be resentenced pursuant to § 1170, subdivision (d). On May 19, 2020, a letter was sent by Fresno County Superior Court Judge Gary Hoff, stating he declined to accept the recommendation to recall and resentence appellant, concluding the interests of justice would not be served by revisiting the original sentence. Although the letter included a “cc” line followed by appellant’s name, the clerk’s certificate of mailing attached to the…