People v. Britt CA2/7

INTRODUCTION

Deshon Britt appeals from the superior court’s order denying his petition for resentencing under Penal Code section 1170.95.1 In an earlier opinion we affirmed the superior court’s ruling, after which Britt successfully petitioned the Supreme Court for review. (People v. Britt (Feb. 18, 2020, B297588) [nonpub. opn.], review granted May 13, 2020, S261128.) The Supreme Court transferred the case to us with directions to vacate our earlier opinion and reconsider our decision in light of People v. Lewis (2021) 11 Cal.5th 952 (Lewis). We now vacate our earlier opinion and again affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Britt of First Degree Murder, and This Court Affirms His Conviction In July 2008 Britt confronted Aaron Patterson, who was walking with two companions outside a liquor store, with the common gang challenge, “Where are you from?” Patterson’s response, “8 Trey Gangster Crip,” indicated he belonged to a rival gang. Britt responded to Patterson with “99 Watts Mafia Crip” and went into the liquor store to get a fellow gang member, Milton Jones. Outside the store, Jones and Patterson argued, then fought. Patterson knocked Jones and Britt…