People v. Bailey CA2/2

background of the case. We have also taken judicial notice of our opinion and the appellate record in Bailey’s appeal from the denial of his petition for resentencing under section 1172.6 in case No. B311188. (See People v. Bailey et al. (Oct. 25, 2021, B311188) [nonpub. opn.] (Bailey II).)

2 promote, further, and assist in criminal conduct by gang members (§ 186.22, subd. (b)(1)). The trial court sentenced each defendant to state prison for a term of 60 years to life, consisting of 25 years to life for the murder, 25 years to life for the firearm enhancement pursuant to section 12022.53, subdivision (d), and a term of 10 years for the gang enhancement. (Bailey I, supra, B159578.) This court affirmed defendants’ convictions on direct appeal in 2003, but modified the gang enhancement to reflect the three- year term in effect at the time of the offense, rather than the 10- year term imposed by the trial court. (Bailey I, supra, B159578.) Thereafter, on February 1, 2021, Bailey filed a petition for resentencing pursuant to section 1172.6. The superior court summarily denied the petition on February 4, 2021, ruling that Bailey’s conviction of first degree murder on a theory of…