People v. Silva CA4/2

INTRODUCTION

A jury convicted defendant and appellant Keith Allen Silva of first degree murder

(Pen. Code,1 § 187, subd. (a)) and torture (§ 209), both of which were committed for the

benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). In connection with the

murder, the jury further found that a principal had used a firearm, discharged a firearm,

and discharged a firearm causing death. (§ 12022.53, subds. (b), (c), (d) & (e)(1).)

Defendant admitted having suffered a strike prior, and he was sentenced to prison for

years to life. (See People v. Silva (Sept. 16, 2013, E055801) [nonpub. opn.] (Silva I).)

The gang enhancement and firearm enhancements were subsequently reversed. (Id. at

p. 2.) In 2019, defendant filed a petition for resentencing under former section 1170.95.

(See People v. Silva (Oct. 1, 2020, E073150) [nonpub. opn.] (Silva II) at p. 3.) The trial

court denied the petition, finding defendant ineligible for relief. (Ibid.) He appealed, and

this court affirmed. (Id. at p. 10.)

On or about February 15, 2022, defendant filed, in propria persona, a “Motion to

Rehear Motion to Vacate Conviction Under S.B. 775 Pursuant to P.C. § 1170.95 (a).”

On…