People v. Silva CA2/5

I. INTRODUCTION

Defendant Rafael Figueroa Silva appeals from an order denying his petition for resentencing pursuant to Penal Code section 1172.6.1 We affirm.

II. BACKGROUND

A. Underlying Criminal Conviction

On May 5, 2008, the Los Angeles County District Attorney (District Attorney) filed an amended information alleging among other things that defendant and codefendant Eudaldo Delatorre committed the attempted willful, deliberate, and premeditated murder of David Folger (§§ 187, 664; count 1) and shot from a motor vehicle at David Folger (§ 12034, subd. (c); count 3).2 For each count, the District Attorney also alleged that a principal personally and intentionally discharged a firearm which caused great bodily injury or death (§ 12022.53, subds. (d) and (e)(1)), a principal personally and intentionally discharged a firearm (id., subds. (c) and (e)(1)), a principal personally used a firearm (id., subds. (b) and (e)(1)), and the crime was committed for the

Further statutory references are to the Penal Code unless otherwise indicated. The Legislature renumbered section 1170.95 as section 1172.6 effective June 30, 2022. (Stats. 2022, ch. 58, § 10.) For clarity,…