People v. Ricketts CA4/2

BACKGROUND

A jury convicted defendant of attempted murder (§§ 664, 187, subd. (a); count 1),

which the jury found was willful, deliberate, and premeditated. The jury also convicted

defendant of assault with a semiautomatic firearm (§ 245, subd. (b); count 2), discharge

of a firearm from a motor vehicle (§ 12034, subd. (c); count 3), and prohibited possession

of a firearm by a felon (§ 12021, subd. (a); count 4). The jury’s verdict included true

findings for firearm enhancements on the first three counts (§§ 12022.5, subd. (a),

12022.53, subds. (d) & (e)(1)) and a gang benefit enhancement on all four counts. In

defendant’s direct appeal, this court reversed a jury finding that race was a substantial

motivating factor as to several counts, but affirmed the judgment in all other respects,

remanding for resentencing. (People v. Ricketts (Jan. 14, 2009, E040370) [nonpub.

opn.].) On remand, defendant was sentenced to 40 years to life in prison, consecutive to

a determinate term of 24 years eight months.

In March 2024, the trial court heard defendant’s petition under section 1172.6 to

vacate his attempted murder conviction and resentence him on the remaining counts. The

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