P. v. Crane CA2/2
On November 3, 1981, defendant and appellant Richard Joseph Crane was convicted after a court trial of kidnapping (Pen. Code, § 207), assault (Pen. Code, § 245), and second degree murder (Pen. Code, § 187). He was sentenced to a term of 24 years to life in state prison.
On February 9, 2021, defendant filed a motion to augment the record to include mitigating evidence relating to youthful offender factors pursuant to People v. Franklin (2016) 63 Cal.4th 261. Several weeks later, on February 23, 2021, he filed a petition for resentencing pursuant to Penal Code section 1170, subdivision (d)(1).
The trial court denied defendant’s motions on March 17, 2021, reasoning (1) defendant already had a full mitigation hearing in accordance with People v. Franklin, supra, 63 Cal.4th 261; and (2) no timely motion to recall his sentence was filed. Defendant timely filed a notice of appeal.
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