People v. Doucet CA3

FACTS AND HISTORY OF THE PROCEEDINGS

On February 24, 2010, a jury found defendant Alcide Doucet guilty of attempted second degree murder (Pen. Code, §§ 664, 187; count one) [unless otherwise stated, statutory section citations that follow are to the Penal Code]; assault with a firearm (§ 245, subd. (a)(2); count three); infliction of corporal injury upon a dating partner (§ 273.5; count four); and criminal threats (§ 422; counts five and six). 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, subd. (d), 12022.7, subd. (a)). The trial court sentenced him to an

1 aggregate prison term of 5 years, plus 25 years to life. We upheld this judgment in an unpublished opinion issued in 2011. (People v. Doucet (Aug. 18, 2011, C064862) [nonpub. opn.].)

Thereafter, on August 19, 2022, defendant filed an in propria persona form petition for resentencing under former section 1170.95 (now section 1172.6). Effective June 30, 2022, the Legislature renumbered former section 1170.95 to become section 1172.6. (Stats. 2022, ch. 58, § 10.) There were…