People v. Trotter CA3

FACTS AND PROCEDURAL HISTORY

Defendant and his codefendant, known gang members, were embroiled in an ongoing war with a rival gang. One night, defendants drove down a street and fired shots at people outside a house known to be a hangout for the rival gang. (People v. Trotter (Jan. 15, 2009, No. C055472) [nonpub. opn.].) A jury found defendant guilty of two counts of attempted murder (§§ 664/187), discharging a firearm from a vehicle (§ 12034, subd. (c)), and shooting at an occupied vehicle (§ 246). As to the attempted murder counts, the jury found true the allegations that they were committed willfully, deliberately, and with premeditation. The jury also found gang and firearm enhancements true (§§ 186.22, subd. (b)(1), 12022.53, subd. (c)). The trial court sentenced defendant to an aggregate prison term of 30 years to life plus 40 years, which included two 20-year consecutive terms imposed on the firearm enhancement. (People v. Trotter (Jan. 15, 2009, No. C055472) [nonpub. opn.].) We affirmed the judgment in 2009, and the case became final in 2009. Defendant filed a petition for resentencing under section 1170.95. Defendant declared the prosecution proceeded “under a theory of…