People v. Sawyer CA2/2

BACKGROUND

In 2007 defendants and codefendant Ivan Samaniego were convicted of murder as a part of a gang shooting. The actual shooter was not identified and all defendants were prosecuted as aiders and abettors. Defendants were tried together and each convicted of two counts of first degree murder (§ 187, subd. (a)). The jury found each defendant committed multiple murders within the meaning of the multiple murder special circumstance (§ 190.2, subd. (a)(3)) and committed the murders for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). The jury also found true as to each defendant and, as to both murders, that a principal personally used a firearm (§ 12022.53, subds. (b), (c), (d) & (e)(1)). The trial court sentenced each defendant to prison for two consecutive life terms without the possibility of parole plus two consecutive terms of 25 years to life. In People v. Samaniego (2009) 172 Cal.App.4th 1148 (Samaniego), the judgments were modified to strike parole revocation fines but otherwise affirmed. In 2019, Perdomo filed a petition for resentencing pursuant to section 1170.95, which has since been renumbered section 1172.6. Sawyer filed his section 1172.6…