People v. Thai CA4/3

FACTS AND PROCEDURAL BACKGROUND

In 1999, Thai and his fellow gang members went out to “hunt” members of a rival gang in retaliation for prior acts. During a shootout between the two gangs, Thai fired at least five shots. One of Thai’s fellow gang members, Duy-Nguyen Doan, was shot and died. (People v. Thai (June 29, 2007, G037234) [nonpub. opn.].) A jury found Thai guilty of first degree murder, attempted murder, and

1 Further undesignated references are to the Penal Code. 2 conspiracy to commit murder. The jury also found true gang and firearm allegations. The trial court sentenced Thai to state prison for 25 years to life. This court affirmed the judgment on appeal. (People v. Thai, supra, G037234.) In 2019, Thai filed a section 1170.95 petition. The trial court appointed counsel and denied Thai’s petition on the sole basis the enabling legislation was unconstitutional. This court reversed that ruling and remanded for further proceedings on the merits. (People v. Thai (June 4, 2020, G057953) [nonpub. opn.].) In 2020, the trial court denied Thai’s section 1170.95 petition. The court held: “The petition does not set forth a prima facia case for relief under the statute. . . .…