P. v. Valdivia CA4/1
In 2009, a jury convicted Andrew Valdivia of two counts of attempted premeditated murder (Pen. Code, §§ 664, 187, subd. (a)) and two counts of assault with a firearm (§ 245, subd. (a)(2)). The jury found true firearms enhancements under sections 12022.5, subdivision (a) and 12022.53, subdivisions (b), (c), (d) and (e)(1) and found that Valdivia personally inflicted great bodily injury (§ 12022.7, subd. (a)). In addition, the jury found the crimes were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)).
Valdivia was sentenced to a total term of 85 years to life in prison.
Valdivia appealed, and this court affirmed the judgment in an unpublished opinion. (People v. Valdivia et al. (Aug. 12, 2011, D057386) [nonpub. opn.].)
In 2021, Valdivia filed a petition for resentencing under section 1170.95. The trial court summarily denied the petition without appointing counsel, receiving briefing, or conducting a hearing.
Valdivia filed a timely notice of appeal.
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