P. v. De La Cruz CA2/5
In 2002, a jury convicted defendant and appellant Jose De La Cruz of first degree murder. (Pen. Code, § 187, subd. (a) .) The jury found true the allegations that defendant personally used and personally discharged a firearm. (§ 12022.53, subd. (b) & (c).) The trial court sentenced defendant to 25 years to life plus 20 years in state prison. On October 8, 2003, a prior panel of this division affirmed defendant’s judgment. (People v. De La Cruz (Oct. 8, 2003, B158884) [nonpub. opn.].)
On March 20, 2020, defendant filed a petition for resentencing pursuant to Senate Bill No. 1437 and section 1170.95.
On April 21, 2020, the trial court appointed counsel to represent defendant.
On November 10, 2020, the Los Angeles County District Attorney filed an opposition to defendant’s petition that included as exhibits the appellate opinion referenced above and a transcript of the oral jury instructions given at defendant’s trial. The District Attorney argued, among other things, that defenda
Comments on P. v. De La Cruz CA2/5