People v. Kim CA4/3

FACTS

I.

CONVICTIONS AND FINDINGS

This matter involves a tortured postconviction procedural history. We presented a detailed summary of the facts underlying Kim’s convictions in our 2010 opinion for his direct appeal from the trial court’s judgment. 1 (People v. Kim (Sept. 20, 2010, G042216) [nonpub. opn.] (Kim I).) A jury

1 In March 2008, then 16-year-old Kim and one or two other individuals attacked a group of people at a park with weapons. Kim was charged with willful, deliberate, and premeditated attempted murder (count 1), aggravated assault (count 2), felony vandalism (count 3), and active participation in a criminal street gang (count 4). Immaterial to this appeal, Kim’s trial involved the doctrine of natural and probable consequences.

2 convicted Kim of all counts charged and found true all sentencing enhancement allegations. (Pen. Code, § 12022.7, subd. (a) [great bodily injury for count 1]; Pen. Code, § 186.2, subd. (b)(1) [“for the benefit of, at the direction of, or in association with a criminal street gang” for counts 1 2 through 3].)

II.

INITIAL SENTENCE, DIRECT APPEAL, AND DIRECTIONS TO MODIFY JUDGMENT

The aggregate prison term initially imposed was 28…