P. v. Vallejo CA4/2
In 2003, defendants Francisco and Salomon Vallejo were convicted of two counts of attempted murder (Pen. Code, §§ 664 & 187, subd. (a)) with premeditation, and one count of discharging a firearm from a vehicle (§ 12034, subd. (c)), in addition to true findings on allegations that the crimes were committed for the benefit of a street gang (§ 186.22, subd. (b)), various gun discharge enhancements (§ 12022.53, subds. (c), (d), & (e)(1)) and a hate crime enhancement (§ 422.75, subd. (c)). They were each sentenced to an aggregate term of 50 years to life, and their convictions were affirmed on direct appeal. In 2019, following enactment of section 1170.95 pursuant to passage of Senate Bill No. 1437, each defendant filed a petition seeking resentencing. Both petitions were dismissed on eligibility grounds, and both defendants appealed.
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