People v. Bustos CA2/3

BACKGROUND

In 2009, a jury convicted Bustos of one count of first degree murder and two counts of premeditated attempted murder, with true findings on firearm and gang allegations on each count. The trial court sentenced Bustos to 50 years to life in prison. In 2011,

1 All further undesignated statutory references are to the Penal Code. 2 Bustos’s notice of appeal states that she appeals only from the February 18, 2021 order denying her section 1170.95 motion. However, by that date, the section 1170.95 motion had been withdrawn, and therefore the trial court only had the occasion to adjudicate Bustos’s request for recall and resentencing under former section 1170, subdivision (d)(1). Nonetheless, the court’s minute order from that date invokes only section 1170.95. Despite the apparently erroneous citation in Bustos’s notice of appeal and the court’s minute order, we liberally construe the notice to encompass the determination under former section 1170, subdivision (d)(1), given that it identifies the date of the order being appealed and that the People have suffered no prejudice. (Cal. Rules of Court, rule 8.100(a)(2); Walker v. Los Angeles County Metropolitan Transportation…