People v. Hall CA3

BACKGROUND

In 2009, a jury found defendant guilty of second degree murder. The jury also found true allegations defendant was armed with a firearm and that the murder was

Undesignated statutory references are to the Penal Code.

1 committed by shooting a firearm from a motor vehicle with intent to inflict great bodily injury, but found not true an allegation the murder was committed by shooting a firearm from a motor vehicle at a person outside the vehicle with intent to inflict death. Defendant appealed and we summarized the facts of the case. (People v. Stirgus et al. (July 20, 2011, C064078) [nonpub. opn.].) In short, defendant and his codefendant, Deontae Sultan Stirgus, shot and killed the victim in a drive-by shooting. We affirmed the convictions. In 2019, defendant filed a petition to vacate his conviction under section 1170.95. The petition included a declaration indicating that a complaint was filed against defendant that allowed the prosecution to proceed under a theory of murder under felony murder or the natural and probable consequences doctrine, that at trial he was convicted of second degree murder under the felony murder rule or the natural and probable…