People v. Boullard CA2/7

INTRODUCTION

In 2010 a jury convicted Landry Boullard of attempted murder and found true an allegation he attempted to commit the murder willfully, deliberately, and with premeditation. In 2022 Boullard filed a petition for resentencing under Penal Code former section 1170.951 (now section 1172.6), alleging that he was convicted of attempted murder under the natural and probable consequences doctrine and that he could not be convicted of attempted murder under current law. The superior court found Boullard failed to state a prima facie case for relief and denied the petition without issuing an order to show cause. We affirm the order denying the section 1170.95 petition, deny Boullard’s request under section 1172.75 to strike four prior prison term enhancements, and direct the superior court to correct a clerical error in the abstract of judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A. A Jury Convicts Boullard of Attempted Murder and Other Crimes In February 2010 James Kofahl, his wife, and three relatives went to see a movie in a theater. Boullard sat with a woman and a child in the row in front of Kofahl and his family. During the movie, the woman with Boullard answered her…