People v. Ali CA2/3
Opinion
Opinion
Adams, J.
background purposes and to provide context for the parties’ arguments.” (People v. Flores (2022) 76 Cal.App.5th 974, 978, fn. 2.)
2 In February 2010, the People filed a second amended information charging Ali, Hill, and Finley with Hammet’s murder under section 187, subdivision (a). As to Ali, the information alleged that he personally used and intentionally discharged a handgun, proximately causing great bodily injury and death (§ 12022.53, subds. (b), (c) & (d)), and that the murder occurred during the commission of robbery and burglary (§ 190.2, subd. (a)(17)(A), (G)). The jury acquitted Ali of murder and convicted him of the lesser included offense of voluntary manslaughter (§ 192, subd. (a)). The jury also found true that Ali personally used a firearm in the commission of the crime (§ 12022.5, subd. (a)). The court sentenced him to 11 years for manslaughter and a consecutive term of 10 years for the firearm use. Resentencing Proceedings In May 2022, Ali filed a petition alleging he was eligible for resentencing under section 1172.6. The People conceded that Ali met his prima facie burden for relief because the trial court had instructed the jury on the natural and probable…