People v. Stuart CA2/4

INTRODUCTION

In 2011, defendant Perry Stuart (Stuart) was convicted of three counts of attempted murder. Stuart filed a petition for resentencing pursuant to Penal Code section 1170.95 (1172.6).1 The trial court denied Stuart’s petition at the prima facie stage, finding he was ineligible for resentencing relief as a matter of law. On appeal, Stuart’s appellate counsel filed a brief that summarized the procedural history, raised no issues, and asked this court to independently review the record pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo). Stuart submitted his own supplemental brief. After reviewing the contentions raised in Stuart’s brief, we affirm the order denying his petition for resentencing.

FACTUAL AND PROCEDURAL BACKGROUND

In 2011, after a jury trial, Stuart was found guilty of three counts of attempted murder (§§ 664/187). On each count, the jury also found true the special allegations that Stuart personally and intentionally discharged a firearm in the commission of a felony resulting in great bodily injury (§ 12022.53) and committed the offenses for the benefit of a street gang (§ 186.22). The trial court sentenced Stuart to a prison term of…