People v. Jimenez CA4/2

STATEMENT OF THE CASE

On October 27, 2000, a jury found defendant guilty of first degree murder under

section 187, subdivision (a), and kidnapping under section 207, subdivision (a). The jury

also found that defendant personally used a firearm within the meaning of section

12022.5, subdivision (a)(1), and was armed with a firearm within the meaning of section

12022, subdivision (a)(1).

On November 29, 2000, the trial court sentenced defendant to serve 25 years to

life in state prison, plus a determinate prison term of 12 years and eight months. After

defendant appealed, on May 15, 2002, we affirmed the convictions but ordered that the

determinate portion of defendant’s sentence to be reduced to 11 years and eight months in

prison. (People v. Jimenez (May 15, 2002 E028628) [nonpub. opn.].)

On January 18, 2019, defendant filed a petition for resentencing under section

1170.95. Defendant contended that the complaint or information filed against him

allowed the prosecution to proceed against him on the theory of felony murder, and that

the jury convicted him of murder under the theory of felony murder. Moreover,

defendant argued that due to the charges in section 189,…