People v. Lorenzo CA2/5

I. INTRODUCTION

Defendant and appellant Jaime Lorenzo appeals from the trial court’s denial of his Penal Code section 1172.61 petition for resentencing. We reverse and remand for a new hearing.

II. FACTUAL AND PROCEDURAL BACKGROUND

The following factual and procedural background are from our second nonpublished opinion in this case, People v. Lorenzo (Feb. 19, 2019, B285142): “The following facts are from our prior nonpublished opinion in People v. Carino (Mar. 24, 2011, B220035). In 2009, defendant was ‘convicted, following a jury trial, of the second degree murder of Albert Rojas in violation of . . . section 187, subdivision (a) (count 1) and the first degree murder of Federico Perez also in violation of section 187, subdivision (a) (count 2) . . . . The jury found true as to both [defendant and codefendant David Carino] the allegation that a principal was armed with a firearm in the commission of the murders within the meaning of section 12022, subdivision (a)(1).’ (Ibid.) ‘The jury found not true the allegation that [defendant] personally used a firearm within the meaning of section 12022.53, subdivision (b).’ (Ibid.)

All statutory references are to the Penal…