People v. Young CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

On October 28, 1988, Young shot Barth to death in the apartment the two shared. He was tried and convicted of first degree murder, as well as corporal injury to a cohabitant and false imprisonment by violence based on

2 an earlier incident involving Barth.2 The jury also found true the allegations that Young personally used a firearm during all three offenses.3 In August 1990, the trial court sentenced Young to 32 years to life in prison, composed of a term of three years for the corporal injury to a cohabitant and consecutive terms of two years for the accompanying firearm enhancement, 25 years to life for the murder, and two years for the accompanying firearm enhancement, plus concurrent terms of two years for the false imprisonment and two years for the accompanying firearm enhancement. This court affirmed the judgment in March 1992. Thirty years later, in 2022, Young submitted a petition for resentencing under former section 1170.95. On a form petition, he checked boxes indicating that he met all the statutory requirements for relief, including that he “could not presently be convicted of murder or attempted murder because of changes…