P.

BACKGROUND

I. Sullivan’s plea to attempted murder

Based on a shooting in 2015, an amended felony complaint charged Sullivan with conspiracy to commit murder (§ 182, subd. (a)(1)), two counts of attempted murder (§§ 664, 187, subd. (a)), personal and principal gun use (§ 12022.53, subds. (b), (c), (d), (e)(1)), and a gang enhancement (§ 186.22, subd. (b)(4)). Four codefendants were also charged with crimes arising from the shooting. In 2016, Sullivan pled no contest to one count of attempted murder and admitted a gang allegation.2 At the plea hearing, Sullivan admitted the following facts as a basis for his plea: On March 7, 2015, Sullivan, Donald Wilson, Calvin Charles, and Quintell Foster “discussed committing a retaliatory murder against Athens Park Blood”; Wilson and Foster armed themselves with firearms; Sullivan and Charles got into “a follow

1 All further undesignated statutory references are to the Penal Code. Effective June 30, 2022, section 1170.95 was renumbered to section 1172.6, with no change in text. (Stats. 2022, ch. 58, § 10.)

2 The trial court struck an allegation that the attempted murder was willful, deliberate, and premeditated.

2 car,” and Foster and…