P. v. Bustos CA2/3
In 2009, a jury convicted Bustos of one count of first degree murder and two counts of premeditated attempted murder, with true findings on firearm and gang allegations on each count. The trial court sentenced Bustos to 50 years to life in prison. In 2011, a different panel of this division affirmed Bustos’s conviction. (People v. Bustos (Apr. 21, 2011, B220474) [nonpub. opn.].)
In September 2020, the Secretary of the California Department of Corrections and Rehabilitation (CDCR) sent the trial court a letter recommending it recall Bustos’s sentence and resentence her under former section 1170, subdivision (d)(1) based upon her exceptional conduct while confined.
The parties submitted briefing. The trial court declined to recall the sentence, reasoning that Bustos’s time in prison was not free of violations and that the actions that led to her conviction resulted in pain and suffering.
Bustos timely appealed.
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