People v. Gee CA2/8

INTRODUCTION

In October 2015, Eric Gee, Antone Presley, and Julius Sanders1 participated in a drive-by shooting in rival gang territory. Gee, Presley, and Sanders pled no contest to the attempted murder of a John Doe victim. Gee admitted that a principal used a firearm under Penal Code2 section 12022, subdivision (b)(1), and Presley admitted that he personally used a firearm under section 12022.53, subdivision (b). Gee and Presley later filed resentencing petitions under section 1172.6. The court found that Gee and Presley made prima facie showings of eligibility for resentencing and scheduled an evidentiary hearing. At the evidentiary hearing, the People presented footage from surveillance cameras that captured portions of the shooting, as well as testimony from a gang expert and another officer who investigated the shooting. The footage shows that shots were fired out of the car in which Gee, Presley, and Sanders were riding as the car drove through an apartment complex in rival gang territory. The footage does not show where Gee, Presley, and Sanders were sitting in the car, nor does it show who or how many people fired shots from the car. The footage also does not show where…