People v. Ogura CA2/6

FACTS

In December 2011, a jury found Karl Katsumi Ogura guilty of first degree murder (§§ 187, subd. (a), 189) and found true that

All statutory references are to the Penal Code. the murder was committed for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1)(C).) The trial court sentenced Ogura to 25 years to life for the murder, plus 10 years for the gang enhancement. On appeal, we reduced Ogura’s conviction to second degree murder pursuant to People v. Chiu (2014) 59 Cal.4th 159, reduced the sentence to 15 years to life, and struck the gang enhancement on the People’s concession that it was improperly imposed. (People v. Ogura (Nov. 13, 2014, B239122) [nonpub. opn.].) Section 1170.95 Petition In April 2019, Ogura filed a petition for resentencing under section 1170.95. He alleged he was convicted of murder under the natural and probable consequences doctrine and could not now be convicted of murder because of changes to sections 188 and 189. The prosecution conceded that Ogura is entitled to relief under section 1170.95. The only question was the target offense for the purpose of resentencing. The “target offense” is the intended offense from which the natural…