People v. Randolph CA2/2

BACKGROUND

On June 8, 2001, Randolph was convicted by jury of the first degree murder (§ 187, subd. (a); count 1) of Larry Houston on February 14, 1999, with true findings on the allegations that during the commission of the offense Randolph personally and intentionally discharged a firearm causing great bodily injury and death (§§ 12022.53, subds. (b), (c) & (d), 12022.5, subd. (a)(1)). The jury also convicted Randolph of two counts of attempted willful, deliberate, and premeditated murder (§§ 664/187, subd. (a); counts 2 & 3), and found true the allegations as to both counts that Randolph personally and intentionally discharged a firearm causing great bodily injury (§§ 12022.53, subds. (b), (c) & (d), 12022.5, subd. (a)(1)), and personally inflicted great bodily injury in the commission of the offense (§ 12022.7, subd. (a)). The trial court sentenced Randolph to an aggregate term of 50 years to life. On November 21, 2022, Randolph filed a section 1172.6 petition for resentencing. The superior court appointed counsel, and the district attorney filed a response to the petition. Randolph filed a reply in propria persona, which was adopted by defense counsel and accepted by the…