People v. Winters CA3

Filed 11/25/24 P. v. Winters CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C099659

Plaintiff and Respondent, (Super. Ct. No. 10F00209)

v.

JUNIUS D’ISSAC WINTERS,

Defendant and Appellant.

In 2013, defendant Junius D’Issac Winters pleaded guilty to attempted murder and admitted the allegation that he committed the offense for the benefit of a street gang. In 2022, defendant filed a petition for resentencing pursuant to Penal Code section 1172.6.1 The trial court denied the petition at the prima facie stage. On appeal, defendant argues

1 Undesignated section references are to the Penal Code. Defendant petitioned for resentencing under former section 1170.95. Effective June 30, 2022, the Legislature renumbered former section 1170.95 as section 1172.6 without substantive changes. (Stats. 2022, ch. 58, § 10.) We refer to the current section throughout this opinion.

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the trial court erred in finding him ineligible for relief as a matter of law. The People agree that the trial court erred, and that the matter should be remanded for the trial court to hold an evidentiary hearing. We will reverse the trial court’s denial of the petition for resentencing and remand the matter for further proceedings. BACKGROUND2 Defendant and several other members from three affiliated gangs got into a mutual shootout with members of a rival gang. During the shooting, defendant fired his gun. An information, filed in 2010, charged defendant and two codefendants with “unlawfully, and with malice aforethought[,] attempt[ing] to murder [rival gang member E.A.]”3 and alleged that they committed the offense for the benefit of a street gang. (§ 186.22, subd. (b)(1).) The information also alleged defendant personally used and discharged a firearm. (§§ 12022.5, subd. (a)(1), 12022.53, subds. (b) & (c).) At the preliminary hearing, a detective, testifying as a gang expert, opined that defendant and other members of the same gang arrived at the scene of the shooting to “instill [. . .] fear and intimidation on the other gang to show that they are stronger than the other gang.” That detective also testified that one witness said defendant and approximately eight other gang members arrived at the scene with the intent to fight the rival gang. Another detective testified that a different witness reported hearing between 15 and 20 gunshots fired during the shooting but he did not see who was actually shooting a gun. That witness also told the detective that defendant admitted being at the shooting and firing his weapon once, at a person he saw running up a staircase.