People v. Moriwaki CA2/4
Opinion
Opinion
Collins, J.
BACKGROUND
On February 16, 2000, the People filed an amended information charging appellant with the September 1998 murder of Chrissy Ann Mendivil (§ 187, subd. (a)). The information further alleged that appellant personally used a firearm (§ 12022.5, subd. (a)(1)) and personally and intentionally discharged a firearm, proximately causing great bodily injury and death to Mendivil (§ 12022.53, subd. (d)(3)). On March 8, 2000, a jury found appellant guilty of second degree murder and found the enhancement allegations true. The trial court subsequently found that appellant was legally sane at the time of the crime. The trial court sentenced appellant to 15 years to life for the murder and 25 years to life for the section 12022.53 enhancement. It imposed and stayed a sentence of 10 years for the section 12022.5 enhancement pursuant to section 654. A different panel of this court affirmed the judgment on direct appeal. (People v. Moriwaki (May 30, 2001, B140771) [nonpub. opn.].) At some point, the CDCR sent a letter to the trial court requesting that the trial court recall appellant’s sentence and resentence him pursuant to former section 1170, subdivision