P. v. Patton
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In September 2018, Defendant entered into a plea agreement with the People. Defendant pleaded no contest to attempted murder and admitted he had personally used and discharged a firearm in the commission of the crime. In January 2022 Defendant filed a petition for resentencing under Penal Code section 1172.6.1 The trial court denied Defendant’s petition, stating that Defendant “was the only perpetrator and the only shooter” and, therefore, ineligible for relief.
The Second Appellate District affirmed because the record of conviction establishes Defendant is ineligible for resentencing as a matter of law. The court explained that as the sole and actual perpetrator of the attempted murder, Defendant is ineligible for resentencing as a matter of law. Further, the court rejected Defendant’s contention that the trial court “‘engage[d] in factfinding, weigh[ed] the evidence, or reject[ed] the petition’s allegations on the basis of adverse credibility determinations.’” The sworn testimony of police officers, based on surveillance video of the crime, that Defendant committed the shooting was and is uncontroverted. In short, Defendant was convicted, by his plea, under a valid theory of attempted murder that survives the changes to sections 188 and 189.
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