People v. Nakooka CA3

BACKGROUND

In 2004, defendant pled guilty to voluntary manslaughter and attempted murder. He admitted to using a gun during these offenses and to committing the voluntary

1 manslaughter for the benefit of a street gang. The trial court sentenced defendant to 28 years 8 months in prison. In 2022, defendant filed a petition for resentencing under Penal Code section formerly 1170.95 (now section 1172.6). (See People v. Reyes (2023) 14 Cal.5th 981, 984.) The trial court appointed counsel, received briefing, and issued an order to show cause. At the evidentiary hearing, over defendant’s objection, the trial court considered the preliminary hearing transcript as well as the parole transcript, both submitted by the prosecutor. The transcripts showed that during the early evening of February 7, 2004, witnesses saw a fight between some young men. One of those young men fired shots at the victim. Two of the witnesses identified defendant as the shooter. At his parole hearing, defendant acknowledged he shot the victim but said it was in self-defense. The trial court concluded the evidence showed beyond a reasonable doubt that defendant was the actual killer. The court thus found defendant…