People v. Xotoy CA2/8

BACKGROUND

On August 23, 2019, the People charged appellant Santos Leonel Xotoy by amended information with the premeditated murder of Higinio Jimenez-Gonzalez in violation of section 187, subdivision (a). It was also alleged Xotoy personally and intentionally discharged a firearm within the meaning of section 12022.53, subdivisions (b), (c), and (d). On November 12, 2019, a jury found Xotoy guilty as charged. On December 4, 2019, he was sentenced to a term of 50 years to life in prison. (People v. Xotoy, (July 28, 2021, B303336) [nonpub. opn.].) On July 17, 2023, Xotoy filed a petition for resentencing pursuant to section 1172.6. No response was filed and the trial court did not appoint counsel on his behalf. On August 3 2023, the trial court summarily denied the petition, finding, “The defendant has not filed a facially sufficient motion. The defendant’s jury trial took place after the changes in the law, and was therefore convicted of murder under the penal codes that were amended on 01/01/19.” Only to provide context, we recite the facts of the events underlying the murder conviction. On May 9, 2016, Xotoy went to the victim’s place of employment, summoned the victim outside…