People v. Negrete CA2/5

Filed 5/5/25 P. v. Negrete CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B334887

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA039526) v.

SALVADOR NICOLA NEGRETE, IV,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jacqueline H. Lewis, Judge. Reversed and remanded. Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Idan Ivri and Nikhil Cooper, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

In 1999, defendant Salvador Nicola Negrete, IV, was convicted of second-degree murder and attempted voluntary manslaughter for crimes that he committed when he was 20 years old. He was sentenced to an aggregate term of 50 years to life in prison. In 2023, defendant filed a petition for recall and resentencing under Penal Code1 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. The trial court summarily denied the petition on the grounds that defendant had not been sentenced to LWOP and was thus ineligible for resentencing. We reverse and remand for further proceedings.