P. v. Baltazar
A jury convicted Luis D. Baltazar of second degree murder. (Pen. Code, 187, subd. (a).)[1] The jury also found Baltazar committed the offense for the benefit of or in association with a criminal street gang ( 186.22, subd. (b)(4)), and that he personally discharged a firearm proximately causing the victim's death ( 12022.53, subd. (d)). Baltazar admitted a prior strike conviction allegation (a juvenile adjudication for robbery), and the trial court sentenced him to prison for 55 years to life--15 years to life for second degree murder ( 187, subd. (a)), doubled pursuant to the three strikes law ( 667, subds. (b) - (i)), and 25 years to life for personally discharging a firearm proximately causing the victim's death ( 12022.53, subd. (d)).
On May 5, 2008, this court filed an opinion reversing the sentence in this case and remanding the matter to the trial court for resentencing. On July 16, 2008, the California Supreme Court granted a petition for review and on September 9, 2009, issued the following order: "The above entitled matter is transferred to the originating Court of Appeal with directions to vacate its decision and reconsider the cause in light of People v. Nguyen (2009) 46 Cal.4th 1007." In compliance with the order of the Supreme Court, the opinion of this court filed May 5, 2008, is vacated and Court issue this new opinion.
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