People v. Carter CA3

BACKGROUND

Marcel Lofton was killed by multiple gunshot wounds, fired by defendant as Lofton laid on the ground already wounded by gunshots fired by defendant. Defendant claimed he suffered from mental health disorders affecting his perceptions. Defendant was charged with first degree murder of Lofton. The information also alleged that in the commission of the offense, defendant personally used a nine- millimeter handgun. Defendant was not charged with felony murder, on an accomplice liability theory, or under a natural and probable consequences theory. A jury found defendant guilty of first degree murder and found true the allegation he personally used a firearm in the commission of the offense. The trial court sentenced defendant to a term of 25 years to life plus 10 years.2 Defendant appealed, claiming his postoffense statement was erroneously excluded and instructional error. This court affirmed the judgment. Defendant filed a petition for resentencing under section 1170.95. Defendant declared the prosecution proceeded “under the natural and probable consequences doctrine,” he was convicted of second degree murder in lieu of going to trial because he believed he could have…