P. v. Guthrie CA4/1
In 2016, a jury convicted Ian Patrick Guthrie and a codefendant of first degree murder (Pen. Code, § 187, subd. (a)). The jury also found Guthrie had suffered a strike prior conviction (§ 667, subds. (b)-(i)) and a serious felony prior conviction (§ 667, subd. (a)(1)). The jury found true an enhancement allegation that a principal discharged a firearm causing death (§ 12022.53). Guthrie was sentenced to an indeterminate term of 50 years to life in prison due to the strike prior.
Guthrie appealed and this court affirmed the conviction in People v. Johnson et al. (2019) 32 Cal.App.5th 26. In 2020, Guthrie filed a petition for resentencing under section 1170.95. The court appointed counsel and received briefing. At one point the court issued an order to show cause (OSC), but later reconsidered the decision and withdrew it and denied the petition by written order.
Guthrie filed a timely notice of appeal.
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