People v. McFadden CA3

BACKGROUND

A jury found defendant guilty of first degree murder, attempted voluntary manslaughter, and two counts of being a felon in possession of a firearm. (McFadden, supra, C093218.) The trial court found true the allegation that defendant was previously convicted of a strike offense and sentenced him to an aggregate term of 98 years to life in state prison. (Ibid.) In July 2022, this court vacated defendant’s sentence and remanded the matter for resentencing, finding “one of defendant’s convictions for firearm possession should have been stayed under section 654.” (McFadden, supra, C093218.) On remand, the trial court was directed to consider the amendments to section 1170 and our Supreme Court’s decision in People v. Tirado (2022) 12 Cal.5th 668. (McFadden, supra, C093218.) Prior to the resentencing hearing on remand, the People filed a sentencing memorandum in which they “agreed by stipulation to have . . . defendant resentenced to the midterm doubled for the attempted voluntary manslaughter conviction plus the midterm for the gun enhancement for a total . . . term of 10 years.” The People, however, opposed “any reduction or striking of the . . . section 12022.53…