People v. McNeil CA2/4

INTRODUCTION

In 2015, defendant Carl McNeil (McNeil) was convicted of three counts of attempted murder. McNeil filed a petition for resentencing pursuant to Penal Code section 1170.95 (1172.6).1 The trial court denied McNeil’s petition at the prima facie stage, finding he was ineligible for resentencing relief as a matter of law. On appeal, appellate counsel filed a brief that summarized the procedural history with citations to the record, raised no issues, and asked this court to independently review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). McNeil submitted his own supplemental brief. After reviewing the contentions raised in McNeil’s brief, we affirm the order denying his petition for resentencing.

PROCEDURAL BACKGROUND

In 2015, after a jury trial, McNeil was found guilty of three counts of attempted murder (§§ 664/187). On each count, the jury also found true the special allegations that McNeil personally and intentionally discharged a firearm in the commission of a felony resulting in great bodily injury (§ 12022.53, subd. (d)). The trial court sentenced McNeil to a prison term of 100 years to life. On direct appeal, this court…