People v. Clevenger CA5

INTRODUCTION

Petitioner Susan Diane Clevenger petitioned the superior court, pursuant to former section 1170.95 (now § 1172.6) of the Penal Code,1 for resentencing on her conviction for the murder of Bradley St. Clair (§ 187, subd. (a); count 1). The superior court granted the petition, redesignated the offense on count 1 as kidnapping, and resentenced petitioner on that count. On appeal, petitioner argues: (1) the superior court failed to recognize it had discretion to resentence petitioner on her convictions for kidnapping for ransom (§ 209, subd. (a); count 2) and conspiracy to commit kidnapping for ransom (§ 182, subd. (a)(1); count 3); (2) sentences of life without the possibility of parole on these counts constituted an abuse of discretion and counsel was ineffective in failing to argue for lesser sentences; (3) sentences on two of the three counts must be stayed pursuant to section 654; (4) the court’s failure to order a current or supplemental probation report constituted statutory error and violated petitioner’s due process rights; (5) a victim restitution award in the amount of $171,309.82 constituted an abuse of discretion and must be stricken; and (6) the court’s…