People v. McDonald CA6

I. BACKGROUND

A. The Complaint and Plea In 1992, McDonald and a codefendant were charged by a felony complaint with two counts of attempted first degree murder (§§ 664, 187, 189; counts 1 & 2). As to both counts, the complaint alleged that McDonald “unlawfully, and with malice aforethought, attempt[ed] to kill [the victims]” and that he “willfully, deliberately, and with premeditation attempted the murder of [the victims].” Furthermore, as to both counts, the complaint alleged that McDonald personally inflicted great bodily injury on the victims (§ 12022.7).2 That same year, McDonald entered a plea as to both counts. The record contains no indication of the factual basis for his plea. The abstract of judgment reflects that McDonald was convicted of two counts of “PC 664/187 Attempted Murder—1st deg.” with enhancements that he personally inflicted great bodily injury (§ 12022.7) for both counts. McDonald was sentenced to seven years to life with the possibility of parole. B. The Section 1170.95 Petition for Resentencing In December 2020, McDonald filed a petition for resentencing under section 1170.95 and requested counsel to represent him during the resentencing process. McDonald…