People v. Frye CA3

FACTS AND HISTORY OF THE PROCEEDINGS

On March 21, 2000, a jury found defendant Karlos Frye guilty of attempted premeditated murder (Pen. Code, §§ 664, 187, subd. (a)); count one) [unless otherwise stated, statutory section citations that follow are found in the Penal Code], assault with a

1 semiautomatic firearm (§ 245, subd. (b); count two), and being a felon in possession of a firearm (§ 12021, subd. (a); count three). The jury also found true numerous enhancements, including that defendant had intentionally and personally discharged a gun proximately causing great bodily injury in the attempted murder (§§ 12022.53, subds. (b), (c), (d), 12022.7, subd. (a)) and that defendant committed the attempted murder for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)). Finally, the trial court determined he had suffered a prior prison term (§ 667.5, subd. (b)). He was sentenced to an aggregate prison term of 40 years to life for the attempted murder and related enhancements plus 23 years for the other offenses and enhancements. We upheld this judgment in an unpublished opinion issued in 2002. (People v. Frye (Feb. 6, 2002; C037768) [nonpub. opn.].)

Thereafter, on July 26,…