People v. Jennings CA4/2

I. FACTUAL AND PROCEDURAL BACKGROUND

Defendant, a gang member, and the victim had previously been involved in an

altercation during which defendant had pulled a knife on the victim. Four years later, the

victim saw defendant while attending a party at a friend’s house. Defendant was angry

with the victim because defendant had been arrested due to the prior altercation.

Effective June 30, 2022, Assembly Bill No. 200 (2021-2022 Reg. Sess.) amended and renumbered Penal Code section 1170.95 as section 1172.6. (Stats. 2022, ch. 58, § 10.) All further statutory references are to the Penal Code unless otherwise indicated.

2 On the court’s own motion, we take judicial notice of our prior unpublished opinion in defendant’s appeal from the original judgment. (People v. Jennings (Dec. 10, 2013, E056095) [nonpub. opn.] (Jennings); Evid. Code, §§ 452, subd. (d), 459; Cal. Rules of Court, rule 8.1115(b)(1).) 2 Defendant and the victim exchanged words and defendant stabbed the victim with a

knife. (Jennings, supra, E056095.)

A jury found defendant guilty of attempted willful, premeditated, and deliberate

first degree murder (§§ 664, 187, subd. (a), count 1); assault with a deadly…