People v. Betancourt CA2/4

BACKGROUND

In October 2000, Betancourt was found guilty of first degree murder (§ 187, subd. (a); count 1), first degree burglary (§ 459; count 2), and first degree robbery (§ 211; count 3). The jury also found true the allegations that Betancourt committed murder during the commission of burglary and robbery (§ 190.2, subds. (a)(17)(A), (a)(17)(G)) and personally used a knife during the commission of the murder (§ 12022, subd. (b)(1)). Betancourt admitted he had suffered a prior burglary conviction within the meaning of sections 667.5, subdivision (b), 667, subdivision (a)(1), 667, subdivisions (b) through (i), and 1170.12, subdivisions (a) through (d). The court sentenced Betancourt to life imprisonment without the possibility of parole (LWOP) on count 1, plus one year for the personal use enhancement (§ 12022, subd. (b)(1)), and five years for a prior serious felony conviction (§ 667, subd. (a)(1)). The court stayed Betancourt’s prison prior sentence (§ 667.5, subd. (b)) pursuant to section 654. The court suspended execution of sentence on counts 2 and 3.

All undesignated statutory references are to the Penal Code.

2 On July 3, 2023, Betancourt filed a motion for…