People v. Olmos

Filed 3/10/25 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B333138

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA203863) v.

LUIS OLMOS,

Defendant and Appellant.

APPEAL from a post-judgment order of the Superior Court of Los Angeles County, Renée F. Korn, Judge. Affirmed. Richard Lennon and Sydney Banach, under appointments by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill and Steven E. Mercer, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

In 2001, defendant Luis Olmos was convicted of murder and other crimes that he committed when he was 17 years old. He was sentenced to an aggregate term of 33 years to life in prison. In 2023, defendant filed a petition for recall and resentencing under Penal Code 1 section 1170, subdivision (d)(1)(A) (section 1170(d)(1)(A)), which permits juvenile offenders sentenced to life without the possibility of parole (LWOP) to petition for recall and resentencing under certain circumstances. Defendant, who mistakenly believed that he had been sentenced to 41 years to life, argued that because his sentence was the functional equivalent of LWOP, he was entitled to relief under section 1170(d)(1)(A). The trial court, which also mistakenly believed that defendant had been sentenced to 41 years to life, denied the petition on the grounds that defendant had not been sentenced to the functional equivalent of LWOP. Defendant then filed a petition for writ of habeas corpus in which he challenged the denial of resentencing, which this court deemed a timely notice of appeal. We affirm.