P. v. Baca CA3
On February 4, 2003, a jury found defendant Pedro William Baca guilty of first degree murder (Pen. Code, § 187, subd. (a); count one), attempted murder (§ 664/187, subd. (a); count two), and assault with a deadly weapon (§ 245, subd. (a)(1); count three). The jury also determined that in the commission of the murder and attempted murder, defendant had committed certain enhancements, including that he had personally “used, and intentionally discharged” a gun proximately causing both the death of the murder victim and the great bodily injury of the attempted murder victim (§ 12022.53, subd. (d)). We affirmed his convictions and judgment on appeal. (People v. Baca (Apr. 7, 2004, C043828) [nonpub. opn.] (Baca).)
This appeal concerns the trial court’s August 31, 2020, denial of defendant’s postjudgment petition for resentencing under section 1170.95, enacted as part of Senate Bill No. 1437 (2017-2018 Reg. Sess.) (Stats. 2018, ch. 1015) (Senate Bill 1437).
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