People v. Tolfree CA2/5

Good Law
Court of Appeal of CaliforniaJuly 18, 2024B328633California863 words

Opinion

Opinion

Kim, J.

I. INTRODUCTION

Defendant Davonte Kendre Tolfree appeals from an order denying his petition for resentencing pursuant to Penal Code section 1172.6.1 We affirm.

II. BACKGROUND

In 2008, a jury found defendant guilty of two counts of willful, deliberate, and premeditated attempted murder (§§ 664, 187, subd. (a)) and found true as to both counts that defendant personally used and discharged a firearm (§ 12022.53, subds. (b)– (d)). The trial court sentenced defendant to 32 years to life on count 1 and imposed the same sentence on count 2, to be served concurrently. A different panel of this court affirmed the judgment. (People v. Tolfree (Aug. 12, 2009, B208151) [nonpub. opn.]). On February 28, 2022, defendant filed a petition for resentencing under section 1172.62; and on June 13, 2022, he filed a revised petition. On August 11, 2022, the District

Further statutory references are to the Penal Code. Defendant filed his petition pursuant to section 1170.95, which the Legislature renumbered section 1172.6 effective June 30, 2022, with no change in text. (Stats. 2022, ch. 58, § 10.) For clarity, we will refer to section 1172.6 throughout this opinion.

Defendant…

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