People v. Gilbert CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

On August 27, 1996, Gilbert pled guilty to all three counts charged against him: (1) the May 20, 1996 attempted murder of J.H. (§§ 664, 187, subd. (a)); (2) the May 20, 1996 assault upon J.H. with a deadly weapon and by means of force likely to produce great bodily injury (§ 245, subd. (a)(1)); and (3) the May 20, 1996 possession of a deadly weapon (a sharp object) by a prisoner (§ 4502). With respect to the attempted murder count, Gilbert also admitted that he personally inflicted great bodily injury upon J.H. (§§ 12022.7, subd. (a), 1192.7, subd. (c)(8)) and personally used a deadly and dangerous weapon, to wit, a sharp instrument (§ 12022, subd. (b)). The trial court imposed a sentence of 46 years to life, to run consecutive to the prison term Gilbert was already serving. In October 2022, Gilbert petitioned for resentencing (§ 1172.6) by submitting a preprinted form. The trial court appointed counsel to represent Gilbert. In their initial response to the petition, the People argued that, based on the record of conviction, Gilbert had not met his burden to make a prima facie case of eligibility for relief. One of the exhibits relied upon by…