People v. Sisco CA3

BACKGROUND

In 2010, a jury found Sisco guilty of two counts of attempted murder (§§ 187, subd. (a), 664), two counts of assault with a semiautomatic firearm (§ 245, subd. (b)), and two counts of possession of a firearm by a felon (former § 12021, subd. (a)(1)). The jury also found true numerous firearm and great bodily injury allegations as to the attempted murders and assaults. The trial court found that Sisco had a prior strike conviction. The court sentenced Sisco to an aggregate term of 30 years four months plus 25 years to life. We affirmed the judgment on direct appeal. (People v. Sisco (Oct. 19, 2011, C065373) [nonpub. opn.].) In 2022, Sisco filed a petition for resentencing pursuant to former section 1170.95 (now § 1172.6), alleging that he could no longer be convicted of attempted murder due to legislative changes to murder liability. The trial court denied the petition because the jury had not been instructed on a now invalid theory of murder and, as such, Sisco was ineligible for relief. On appeal, we affirmed the order denying Sisco’s petition. (People v. Sisco (Dec. 14, 2022, C096668) [nonpub. opn.].)2 In 2023, Sisco again petitioned for resentencing under section…