People v. Camarillo CA1/5

Good Law
Court of Appeal of CaliforniaNovember 8, 2022A163883California1,030 words

Opinion

Opinion

background (Cal. Rules of Court, rule 8.1115(a), (b); The Utility Reform Network v. Public Utilities Com. (2014) 223 Cal.App.4th 945, 951, fn. 3). We

1 convictions but remanded his case for resentencing under People v. Morrison (2019) 34 Cal.App.5th 217 “to consider whether to strike the section 12022.53, subdivision (d) enhancement and impose a lesser enhancement in connection with [his] second degree murder conviction.” (People v. Camarillo, at pp. 27, 28.) The court did just that when it resentenced him to 42 years to life, striking the section 12022.53, subdivision (d) enhancement to count 1 and imposing the subdivision (c) and subdivision (b) enhancements, staying the latter under section 654. Camarillo now appeals the resentencing order but for a different reason, arguing subsequent amendments to section 1170 require resentencing on count 2. The People agree he is at least entitled to a new sentencing hearing on count 2, and so do we, though we reject his related section 654 argument as to the stayed enhancement to count 1. We independently review these statutes’ interpretation and application. (People v. Childs (2013) 220 Cal.App.4th 1079, 1101.) In 2021 the Legislature…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.