People v. Price CA2/7

INTRODUCTION

Dontay Jerome Price appeals the superior court’s denial of his third petition for resentencing under Penal Code section 1172.6.1 The superior court denied Price’s petition without issuing an order to show cause because it concluded he was ineligible for relief as a matter of law. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Conviction and Sentence In 2011, Price and Gregorio Machuca were charged with attempted premeditated murder (§§ 187, subd. (a), 664, subd. (a)) in connection with a shooting on Washington Boulevard. The information alleged that the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)) and that a principal to the crime personally used and intentionally discharged a firearm (§ 12022.53, subds. (b), (c), (e)(1)). Machuca was additionally charged with possession of a firearm by a felon (§ 12021, subd. (a)(1)), with the allegation that this offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(A)). Price and Machuca were tried together. The People presented evidence at trial that Price was driving a Ford Focus with Machuca in the passenger seat when Machuca exited the car…