People v. Majied CA4/2

INTRODUCTION

Defendant David Malarcher Majied appeals the trial court’s denial of his

postjudgment petition for resentencing under former Penal Code1 section 1170.

(renumbered section 1172.6 by Stats. 2022, ch. 58, effective June 30, 2022)2 at the prima

facie stage. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND3

Defendant and another man tried to rob a marijuana dispensary on May 2, 2014.

Both men were armed. A dispensary employee was also armed, and when he drew his

gun, one of the intruders shot at the employee, and he returned fire. The intruders and the

employee continued to exchange gunfire until the intruders fled in a vehicle.

On January 30, 2015, a jury found defendant guilty of attempted murder (§§ 664,

187, subd. (a), count 1), assault with a firearm (§ 245, subd. (a)(2), count 2), attempted

robbery (§§ 664, 211, count 3), and burglary (§ 459, count 4). Defendant admitted he had

served four prior prison terms. (§ 667.5, subd. (b).) On September 18, 2015, a trial court

sentenced him to a total term of 13 years in state prison.

1 All further statutory references will be to the Penal Code, unless otherwise indicated. 2 To avoid confusion, we will refer to…