People v. Muhammad CA4/2

BACKGROUND

In 2018, a jury convicted Muhammad and a codefendant of premeditated first

degree murder (§ 187, subd. (a)), active participation in a criminal street gang (§ 186.22,

subd. (a)), and possession of a firearm by a prohibited person (§§ 29800, subd. (a)(1),

29805). (People v. Eugene (Dec. 14, 2020, E07456) [nonpub. opn.] (Eugene).) The jury

also found true firearm and gang enhancement allegations as to the murder conviction.

(§§ 186.22, subd. (b)(1), 12022.53, subds. (d), (e); Eugene, supra, E070456.) The victim

was shot by a single bullet from a medium caliber weapon. (Eugene, E070456.)

Defendants both fired medium caliber weapons in the victim’s direction. (Ibid.) Because

a single unidentified bullet from a medium caliber weapon killed the victim and the guns

used by defendants were both medium caliber weapons, the prosecutor argued that either

Muhammad or his codefendant could have been the actual killer, with the other liable as

an aider and abettor. (Ibid.) We affirmed the murder convictions. (Ibid.)

In 2022, Muhammad petitioned for resentencing under former section 1170.

(now section 1172.6), arguing that he was entitled to relief because of “the…