People v. Trotter CA3

BACKGROUND

Trotter and Roger Renard Adams were members of the Nogales Gangster Crips, a gang involved in a war with the Elm Street Bloods. One night, they drove by an Elm Street Bloods hangout and fired at people outside, shooting one person in the hand and also hitting an occupied vehicle. Police in the vicinity apprehended them. A jury found Trotter and Adams guilty of two counts of premeditated attempted murder (§§ 664/187, subd. (a)), discharging a firearm from a vehicle (former § 12034, subd. (c)), and shooting at an occupied vehicle (§ 246). The jury also found firearm and gang enhancements alleged against both defendants true. (§§ 186.22, subd. (b)(1), 12022.53, subd. (c).) The trial court sentenced Trotter to an aggregate prison term of 30 years to life, plus 40 years. Defendants appealed their conviction, and another panel of this court affirmed the judgment. (People v. Trotter (Jan. 15, 2009, C055472) [nonpub. opn.].) When Trotter filed his first petition under section 1170.95 (now § 1172.6),2 the statute did not cover an attempted murder conviction. On appeal, another panel of this court affirmed the trial court’s order denying the petition. (People v. Trotter (Oct.…