People v. Villegas CA2/2

BACKGROUND

In 2013, a jury convicted defendant and two codefendants of one count of attempted murder (§§ 664 & 187, subd. (a)). The jury found that a principal personally and intentionally discharged a firearm causing great bodily injury to the victim (§ 12022.53, subds. (c), (d) & (e)(1)), and that the attempted murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)). The trial court sentenced each of the three defendants to a prison term of 30 years to life.3 In August 2021, defendant filed a petition for resentencing under section 1172.6 and was appointed counsel. The trial court subsequently issued an order to show cause setting an evidentiary hearing. (§ 1172.6, subd. (d)(3).) At the hearing, the parties relied solely on the record of conviction. After reviewing the trial record, the trial court found that defendant could still be convicted of attempted murder, either as the actual shooter or as a direct aider and abettor.

Defendant did not directly appeal from the judgment. One of his codefendants did; in that appeal, we affirmed the judgment. (People v. Valencia (Oct. 20, 2014, B253431) [nonpub. opn.].)

2 Defendant timely…