P. v. Guadarrama
Defendant Prospero Ramirez Guadarrama was convicted of multiple counts, including two special circumstances murders, relating to a gang shooting. During sentencing, the court indicated that it had no discretion except to sentence defendant to life without the possibility of parole on each murder count. Defendant argues that under Penal Code section 190.5, subdivision (b),[1] the court had the discretion to sentence him to 25 years to life instead. Because the court’s erroneous belief led to its sentencing decision, he argues he should be resentenced. The Attorney General agrees, as do we.
Defendant also argues that his sentence on one count of street terrorism
(§ 186.22, subd. (a)) must be stayed pursuant to section 654. Again the Attorney General concedes the point, and we concur. We therefore remand the matter for resentencing.
Comments on P. v. Guadarrama