People v. Ortega CA2/2

BACKGROUND

In 2009, defendant was convicted of the second degree murder of Kareem Wafer in violation of section 187, subdivision (a). The jury found defendant committed the offense for the benefit of, at the direction of, or in association with a criminal street gang with the specific intent to promote, further, or assist in criminal conduct by gang members within the meaning of section 186.22, subdivision (b)(l)(C), but found not true the allegations pursuant to sections 12022.53, subdivisions (b), (c) and (d), that defendant personally and intentionally used and discharged a firearm, proximately causing great bodily injury and death. The court sentenced defendant to a term of 15 years to life in prison. The judgment was affirmed on appeal. (People v. Ortega (May 25, 2010, No. B216483) [nonpub. opn.].) The section 1172.6 petition On July 20, 2022, defendant filed a form petition pursuant to former section 1170.95 (since renumbered as section 1172.6). He checked the boxes alleging required conditions for relief and

All further unattributed code sections are to the Penal Code unless otherwise stated.

2 requested the appointment of counsel. The court appointed counsel,…