People v. Russell CA2/2

BACKGROUND

In 2012, a jury convicted defendant of one count of first degree willful, deliberate, and premeditated murder (§ 187, subd. (a)), and one count of willful, deliberate, and premeditated attempted murder (§§ 664/187), committed in 2010.2 The jury found true several gun enhancements alleged pursuant to section 12022.53 and that the crimes were committed for the benefit of a criminal street gang (§ 186.22, subd. (b)). Defendant was sentenced to a total prison term of 75 years to life. In 2014, we affirmed the judgment in People v. Russell (Feb. 5, 2014, B243631) (nonpub. opn.). In February 2019 defendant filed a petition pursuant to former section 1170.95, alleging that a complaint, information, or indictment had been filed against him that allowed the prosecution to proceed under a theory of felony murder or murder

Effective June 30, 2022, Penal Code section 1170.95 was renumbered section 1172.6, with no substantive change in text. (Stats. 2022, ch. 58, § 10.) All further unattributed code sections are to the Penal Code unless otherwise stated. Defendant was tried with codefendant James Evans, Jr., who was also convicted of the murder and attempted murder.

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