P. v. Mendez CA2/2
Appellant was convicted in 2009 of 12 counts of second degree robbery (§ 211) and one count of attempted second degree robbery (§§ 664/211), with findings that he personally used a firearm in 12 of the crimes. (§ 12022.53, subd. (b).) Appellant received an aggregate sentence of 60 years, 4 months. This Court affirmed the judgment in a non-published opinion dated July 21, 2010.
On March 13, 2018, appellant filed a motion in the superior court requesting resentencing in accordance with Senate Bill
No. 620, which amended section 12022.53 to give the trial court authority to strike, in the interest of justice pursuant to section 1385, a firearm enhancement allegation found to be true.
(§ 12022.53, subd. (h).) The superior court denied the motion on March 15, 2018, on the ground that Senate Bill No. 620 “does not provide an independent right to resentencing.” Neither appellant nor the People were represented by counsel at the hearing.
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