People v. Anderson CA1/5

Filed 4/19/22 P. v. Anderson CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A162521 v. BELINDA M. ANDERSON, (City & County of San Francisco Defendant and Appellant. Super. Ct. No. 145326)

Defendant appeals from the denial of a petition filed by the San Francisco District Attorney for recall and resentencing under Penal Code section 1170.1 In 1993, defendant was sentenced to life without parole after she was convicted of robbery and felony murder. In 2018, her sentence was commuted to 30 years to life. In January 2021, the district attorney petitioned the trial court to recall defendant’s sentence under section 1170 based upon defendant’s rehabilitation while incarcerated. The trial court denied the petition. Defendant’s opening brief contends the denial was an abuse of discretion. We do not reach the merits but, instead, remand for reconsideration under Assembly Bill No. 1540 (2021–2022 Reg. Sess.) (Assem. Bill No. 1540),

1 All statutory references are to the Penal Code unless otherwise stated.

1

which moved and amended the recall and resentencing provisions to a new section (§ 1170.03). FACTUAL AND PROCEDURAL BACKGROUND Defendant was charged with and convicted of second degree robbery (§§ 211, 212.5, subd. (b)), first degree felony murder (§§ 187, 189, 190.2, subd. (a)(17)(i)), alleged use of a deadly weapon (knife) (§ 12022, subd. (b)), and a prior prison term (§ 667.5, subd. (b)). The charges and conviction were based upon the fatal stabbing of a taxicab driver during a failed robbery attempt, which occurred in 1991. Defendant was sentenced to life without parole plus one-year for the prior prison term. In November 2018, Governor Edmund G. Brown, Jr., commuted defendant’s sentence to 30 years to life. In September 2019, defendant had a hearing before the Board of Parole Hearings. The board issued a three-year denial. In February 2021, the San Francisco District Attorney recommended that the trial court recall defendant’s sentence and resentence defendant under former section 1170, subdivision (d)(1). The district attorney submitted supporting documentation to the trial court, including the transcript of the parole board hearing, the parole board’s comprehensive risk assessment, and letters of support from family and community members. Defendant’s counsel filed points and authorities in support of resentencing and included additional information regarding defendant’s prison work history, self-help program completion, and educational efforts culminating in defendant’s obtaining an associate degree in 2018. Defendant also provided details of her rule violation history.