People v. Sistrunk CA2/7

INTRODUCTION

In April 1996 a jury convicted Thaddeus Sistrunk on three counts of attempted premeditated murder and found true two firearm allegations. After we affirmed the convictions on direct appeal and directed the trial court to resentence Sistrunk, the court sentenced him to three concurrent life terms, each with a minimum parole eligibility of 14 years, plus terms for various enhancements. In May 2022 Sistrunk petitioned the superior court to resentence him under Penal Code section 1170.951 (now section 1172.6). The superior court appointed counsel for Sistrunk, ordered the parties to submit briefs, and held a hearing. The court ruled Sistrunk was ineligible for resentencing as a matter of law and denied the petition without issuing an order to show cause. The superior court did not err. Section 1172.6 authorizes the court to resentence a defendant on a conviction for attempted murder only when the defendant was convicted of “attempted murder under the natural and probable consequences doctrine.” (§ 1172.6, subd. (a).) The jury in Sistrunk’s trial did not convict him of attempted murder under the natural and probable consequences doctrine because the trial court did not…