People v. Sanchez CA5

INTRODUCTION

In 2010, appellant Lauro Sanchez was found guilty by jury of premeditated attempted murder (Pen. Code,1 §§ 664/187, subd. (a), count 1), second degree robbery (§ 211, count 2), and assault with a firearm (§ 245, subd. (a)(2), count 3). In addition, the jury found true enhancements for the personal use of a firearm (§ 12022.5, subd. (a), count 3); the personal discharge of a firearm causing great bodily injury (§ 12022.53, subd. (d), counts 1 & 2); and the personal infliction of great bodily injury (§ 12022.7, subd. (a), counts 1-3). The trial court sentenced him to life with the possibility of parole on count 1, plus 25 years to life for personal use of a firearm proximately causing great bodily injury. In 2022, Sanchez filed a petition seeking resentencing on his conviction for premeditated attempted murder under section 1172.6. Following the appointment of counsel, the submission of briefs by the parties, and a hearing, the superior court denied Sanchez’s petition, finding that he had failed to state a prima facie case for relief. On appeal, appellant’s counsel filed a brief which summarized the facts and procedural history with citations to the record, raised no…