People v. Galayan CA2/8

BACKGROUND

On April 9, 2014, a jury found Galayan guilty of one count of attempted murder and other charges not relevant here. The jury found true an allegation that during the commission of the offense he personally and intentionally discharged a firearm, which caused great bodily injury within the meaning of section 12022.53, subdivision (d). We affirmed the judgment with sentence modifications. (People v. Galayan (May 19, 2016, B258290) [nonpub. opn.].) On April 29, 2022, Galayan filed a petition for resentencing on his attempted murder conviction. The trial court denied the petition. On August 12, 2024, we reversed the denial of the resentencing petition and remanded the matter to the trial court because “the record is devoid of any evidence whatsoever. It appears to us that the People and both counsel simply looked at and relied on the facts found by the jury as set out in our prior opinion affirming Galayan’s convictions.” (People v. Galayan (Aug. 12, 2024, B336458 [nonpub. opn].) On remand, the People filed a supplemental response to the resentencing petition, attaching the verdicts and jury instructions from the trial. On August 11, 2025, the trial court found Galayan had…