People v. Vanhook CA3

BACKGROUND

In 2014, defendant fired a shotgun in a struggle with one of three men defendant and his accomplices surprised when they snuck into a garage through a partially opened garage door. A jury convicted defendant of attempted murder (§§ 664, 187) and other charges not relevant to this appeal, and also found multiple firearm enhancements true. The trial court found true a prior strike and two enhancements. (§ 667, subd. (b).) The court sentenced defendant to an aggregate term of 43 years in prison. (Ibid.) We affirmed. (People v. Vanhook (Aug. 1, 2018, C080735) [nonpub. opn.].) In a separate appeal, we modified the judgment to find that defendant suffered only one prior serious felony enhancement (§ 667, subd. (a)). (People v. Vanhook (Nov. 17, 2021, C090019) [nonpub. opn.].) In April 2022, defendant filed a form petition for resentencing under section 1172.6. Defendant alleged that he was prosecuted and convicted of attempted murder under the natural and probable consequences doctrine. The trial court appointed the public defender to represent defendant. The People filed a response arguing that the jury found defendant guilty as the direct perpetrator who specifically…