People v. Doucet CA3

Filed 9/19/24 P. v. Doucet CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C099301

Plaintiff and Respondent, (Super. Ct. Nos. STK-CR-FE- 2008-0010044, SF110108A) v.

ALCIDE DOUCET,

Defendant and Appellant.

This appeal comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436 and People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo).

FACTS AND HISTORY OF THE PROCEEDINGS

On February 24, 2010, a jury found defendant Alcide Doucet guilty of attempted second degree murder (Pen. Code, §§ 664, 187; count one) [unless otherwise stated, statutory section citations that follow are to the Penal Code]; assault with a firearm (§ 245, subd. (a)(2); count three); infliction of corporal injury upon a dating partner (§ 273.5; count four); and criminal threats (§ 422; counts five and six). The jury also found true numerous enhancements, including that defendant had intentionally and personally discharged a gun proximately causing great bodily injury in the attempted murder (§§ 12022.53, subd. (d), 12022.7, subd. (a)). The trial court sentenced him to an

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aggregate prison term of 5 years, plus 25 years to life. We upheld this judgment in an unpublished opinion issued in 2011. (People v. Doucet (Aug. 18, 2011, C064862) [nonpub. opn.].)

Thereafter, on August 19, 2022, defendant filed an in propria persona form petition for resentencing under former section 1170.95 (now section 1172.6). Effective June 30, 2022, the Legislature renumbered former section 1170.95 to become section 1172.6. (Stats. 2022, ch. 58, § 10.) There were no substantive changes to the statute. Although defendant filed his petition under former section 1170.95, we cite the current section number throughout this opinion. The trial court appointed counsel, and the People filed an opposition arguing defendant was ineligible for relief as the actual attempted killer. Defendant’s attorney did not file a reply. The prima facie hearing occurred on July 10, 2023. The trial court denied defendant’s petition finding that as the sole perpetrator defendant was unable to state a prima facie case for relief. Defendant timely appealed.