P. v. Whitfield CA5
In 1999, a jury convicted defendant Timothy Leon Whitfield, in part, of second degree murder and found true allegations he personally used a firearm during the commission of the murder in violation of Penal Code section 12022.5, subdivision (a) and he personally and intentionally discharged a firearm which proximately caused great bodily injury or death to another person, not an accomplice, during the commission of the murder in violation of section 12022.53, subdivision (d). (Undesignated statutory references are to the Penal Code.)
In March 2021, defendant submitted a “Motion for Discriminatory Relief” pursuant to section 745, subdivision (a). The trial court denied the motion in an order stating, “Case is final. Therefore, defendant is not eligible for resentencing as requested in motion/petition.” Defendant did not appeal from that order.
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