People v. Perdigone CA3

BACKGROUND

In July 1994, defendant, with others, forced a victim into a car at gunpoint; the victim was driven around for several hours before being released. In September 1994,

1 defendant invited two individuals to her home to buy drugs from them, and she later shot and killed one of them. (People v. Perdigone (Feb. 3, 1997, C022990) [nonpub. opn.].) A jury convicted defendant of first degree murder (Pen. Code, §§ 187/189),1 assault with a firearm (§ 245, subd. (a)(2)), and kidnapping (§ 207), and found she used a firearm in the commission of each of these offenses (§ 12022.5, subd. (a)). Defendant also pleaded guilty to one count of assault with a firearm (§ 245, subd. (a)(2)), and admitted several firearm enhancement allegations (§ 12022.5; former § 12021). In 1996, the trial court sentenced defendant to 25 years to life plus 20 years. Defendant appealed and this court affirmed the judgment, finding in part “there was strong evidence to support the charges of first degree murder and kidnapping.” (People v. Perdigone, supra,

C022990.)

On March 19, 2021, defendant filed a form petition for resentencing under section 1170.95. Defendant checked the boxes indicating she was…