People v. Scott CA4/2

BACKGROUND

Scott was tried and convicted on three counts: (1) attempted murder (§§ 187, 664,

count 1); (2) assault with a semiautomatic firearm (§ 245, subd. (b), count 2); and (3)

discharge of a firearm from a motor vehicle (§ 12034, subd. (c), count 3). The jury found

true alleged gang enhancements (§ 186.22, subd. (b)), allegations that race was a

substantial motivating factor in committing the crimes (§ 422.75, subd. (c)), and

allegations that a principal personally and intentionally discharged a firearm causing great

bodily injury (§§ 12022.53, subds. (d), (e)(1)). The trial court sentenced Scott to 39 years

8 months to life.

On appeal, we affirmed Scott’s convictions but ordered one of the hate crime

enhancements stricken. (People v. Ricketts (Dec. 15, 2008, E040370) [nonpub. opn.].)

The trial court modified Scott’s sentence accordingly, reducing it to 38 years 8 months to

life.

1 Undesignated statutory references are to the Penal Code.

2 In 2019, Scott petitioned for resentencing under former section 1170.95, which is

now section 1172.6. The trial court denied the petition. We affirmed that denial. (People

v. Scott (Aug. 16, 2023, E074939) [nonpub. opn.]…