People v. Trotter CA3

Filed 8/2/24 P. v. Trotter CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C099147

Plaintiff and Respondent, (Super. Ct. No. 05F03192)

v.

ANDY TROTTER,

Defendant and Appellant.

Defendant Andy Trotter appeals from denial of his postconviction petition for relief under Penal Code section 1172.6.1 Counsel for Trotter filed a brief seeking our independent review under People v. Delgadillo (2022) 14 Cal.5th 216, to determine whether there are any arguable issues on appeal. Trotter also filed a supplemental brief in propria persona. Rejecting Trotter’s claims of error, we will affirm.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND Trotter and Roger Renard Adams were members of the Nogales Gangster Crips, a gang involved in a war with the Elm Street Bloods. One night, they drove by an Elm Street Bloods hangout and fired at people outside, shooting one person in the hand and also hitting an occupied vehicle. Police in the vicinity apprehended them. A jury found Trotter and Adams guilty of two counts of premeditated attempted murder (§§ 664/187, subd. (a)), discharging a firearm from a vehicle (former § 12034, subd. (c)), and shooting at an occupied vehicle (§ 246). The jury also found firearm and gang enhancements alleged against both defendants true. (§§ 186.22, subd. (b)(1), 12022.53, subd. (c).) The trial court sentenced Trotter to an aggregate prison term of 30 years to life, plus 40 years. Defendants appealed their conviction, and another panel of this court affirmed the judgment. (People v. Trotter (Jan. 15, 2009, C055472) [nonpub. opn.].) When Trotter filed his first petition under section 1170.95 (now § 1172.6),2 the statute did not cover an attempted murder conviction. On appeal, another panel of this court affirmed the trial court’s order denying the petition. (People v. Trotter (Oct. 14, 2020, C089578) [nonpub. opn.].) The California Supreme Court granted review and transferred the case back to this court with directions to vacate the previous decision and reconsider the matter in light of Senate Bill No. 775 (2020-2021 Reg. Sess.) (Senate Bill 775) (Stats. 2021, ch. 551, § 2), which amended section 1172.6 to expand those eligible for relief to, among others, persons convicted of attempted murder based on the natural and probable consequences