P. v. Zavala CA2/2
This appeal follows the resentencing of defendant Omar Alejandro Zavala for attempted murder and assault with a firearm. The original sentencing court issued an unauthorized sentence because it miscalculated defendant’s minimum parole date. The “Three Strikes law” (Pen. Code, §§ 667, subds. (b)–(i), 1170.12) required the original sentencing court to double the 15 year minimum parole date because defendant suffered a prior serious or violent felony conviction. (People v. Jefferson (1999) 21 Cal.4th 86, 90 (Jefferson).) The resentencing court corrected the error and imposed a longer sentence for the attempted murder—totaling 60 years to life. The resentencing court sentenced defendant to a 36-year determinate term for the assault with a firearm, but stayed that sentence pursuant to section 654.
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