P. v. Guajardo CA3
This appeal comes to us ostensibly pursuant to People v. Wende (1979) 25 Cal.3d 436.
On May 28, 2015, a jury found defendant Ruben Guajardo guilty of first degree murder and being a felon in possession of a firearm. The trial court also found true defendant had a prior strike. On July 17, 2015, defendant was sentenced to 75 years to life. Defendant appealed and we reversed the strike finding but otherwise affirmed. (People v. Taylor et al. (May 12, 2017, C079829) [nonpub. opn.].) Defendant was resentenced on August 24, 2017, to 50 years to life.
On June 11, 2020, defendant filed a petition for resentencing under Penal Code section 1170.95. The petition asserted he could not now be convicted of first degree murder because of the changes made to sections 188 and 189, effective January 1, 2019. After briefing by the parties, the trial court denied defendant’s petition, finding him ineligible for relief.
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