People v. Mathews CA5

INTRODUCTION

Petitioner Houston Eugene Mathews petitioned the trial court for resentencing on his conviction for first degree murder. (Pen. Code,1 § 1170.95.) The court summarily denied the petition. On appeal, petitioner argues the trial court reversibly erred in failing to state the basis for its ruling. We conclude the error was harmless because the record of conviction establishes petitioner is ineligible for resentencing as a matter of law. Accordingly, we affirm.

PROCEDURAL HISTORY2

In 1998, a jury convicted petitioner of the first degree murder of Tyrone Murray (§ 187, subd. (a); count 1) with the special circumstance the murder was intentional and perpetrated by discharging a firearm from a motor vehicle at another person with intent to inflict death (§ 190.2, subd. (a)(21)), and the attempted murder of James B.3 (§§ 187, subd. (a), 664; count 2). As to both counts, the jury found gang and firearm allegations to be true. (§§ 186.22, subd. (b)(1), 12022, subd. (a)(1).) On count 2, the trial court sentenced petitioner to the upper term of nine years, plus an additional three years for a great bodily injury enhancement (§ 12022.7, subd. (a)), one year for the firearm…