People v. Banuelos CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In 1997, defendant shot and killed S.P. outside of a billiards room because he thought S.P. was “hitting on” his girlfriend. In 1998, a jury found defendant guilty of second degree murder with a firearm (Pen. Code, §§ 187, 667, subd. (e)(1)) (undesignated statutory references are to the Penal Code) and being a felon in possession of a firearm (§ 12021, subd. (a)). The trial court sustained a firearm enhancement (§ 12022, subd. (a)) and a prior felony conviction enhancement (§ 667, subd. (a)), and sentenced defendant to 30 years to life for the murder conviction, 15 years for the prior felony conviction and firearm enhancements, and six years for being a felon in possession of a firearm. The CDCR filed a letter with the trial court on September 8, 2020, which recommended the court recall defendant’s 1998 sentence and resentence him under former section 1170, subdivision (d)(1). In its recommendation, the CDCR recounted defendant’s positive participation in rehabilitative programming; lack of serious disciplinary history in the preceding six years; 45 laudatory achievements and programming accomplishments, noteworthy educational…