P. v. Varnum CA3
In 2000, defendant Steven Lee Varnum killed the man who reported him for child abuse. (People v. Varnum (May 27, 2004, C042701) [nonpub. opn.] at p. 4.) He was convicted of first degree murder (Pen. Code, § 187; statutory section references that follow are to the Penal Code) with the special circumstance of murder to prevent the testimony of a witness (§ 190.2), along with an enhancement for using a firearm in the commission of a murder (§ 12022.53, subd. (d)). (Varnum, at p. 1.) He was sentenced to life without parole plus a consecutive term of 25 years to life. (Ibid.)
On February 1, 2017, defendant filed a petition for recall of sentence pursuant to section 3051, asserting he was entitled to relief because he was 19 years old when he committed his crimes. The trial court denied the petition as it lacked jurisdiction for resentencing.
Defendant appeals from the denial.
Comments on P. v. Varnum CA3