People v. Deanda CA2/2

BACKGROUND

In March 2013, appellant pleaded no contest to one count of attempted murder (§§ 664/187, subd. (a)), while admitting that he personally discharged a firearm (§ 12022.53. subd. (c)). He was sentenced to 25 years in state prison, consisting of five years for the attempted murder conviction and 20 years for the firearm enhancement. As part of the plea agreement, five counts were dismissed, including three counts of attempted murder. The preliminary hearing, conducted in June 2012, included the following evidence relevant to appellant’s conviction: Appellant, who was a known member of the East Side Bolen Parque Street gang, approached Leo Rodriguez and three of his friends as they stood in front of Rodriguez’s house in Baldwin Park in the early morning of February 19, 2012. Appellant said, “ ‘Where you from?’ ” and immediately started shooting at the group. Rodriguez was struck in the forearm and shoulder. Appellant fired numerous shots and then ran from the scene. Eleven shell casings were later recovered by police. Appellant filed his operative petition for resentencing under section 1172.6 in March 2024. The petition was on a preprinted form; appellant checked all…