People v. Mackey CA4/2

BACKGROUND

1. The Circumstances Leading to Defendant’s Conviction

In 2007, defendant shot a gun several times at a specialized team of police officers

who were trying to arrest him on an outstanding felony warrant.2 The officers returned

fire, injuring defendant, who was then taken into custody. (Mackey II, supra, E078142.)

A jury convicted defendant of three counts of willful, deliberate, and premeditated

attempted murder of a police officer, and found true as to each count that he personally

used, and personally and intentionally discharged, a firearm. The trial court sentenced

him to a total term of 159 years, consisting of an indeterminate prison term of 90 years to

life (15 years for each of the three premeditated attempted murder convictions, doubled

based upon a prior strike admitted by defendant), a determinate term of 20 years for each

count based on his personal and intentional discharge of a firearm (handgun), plus a nine-

year determinate term based upon four prison priors. (Mackey II, supra, E078142.)

Section 1172.75 was formerly section 1171.1, which was renumbered by (Stats. 2022, ch. 58, § 12). All statutory references herein are to the Penal…