People v. Stewart CA3

Filed 11/26/25 P. v. Stewart CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C100640

Plaintiff and Respondent, (Super. Ct. No. 07F08378)

v.

TOUSAUN STEWART,

Defendant and Appellant.

In 2008, a jury found defendant Tousaun Stewart1 guilty of one count of first degree murder and three counts of attempted murder. In 2023, defendant petitioned the

1 In this appeal following the denial of a resentencing petition, defendant’s name on the abstract of judgment is “Tousaun Davonn Stewart.” Defendant’s petition, the order denying his petition, and the notice of appeal identify him as “Tousaun Stewart.” We use the latter name in this opinion.

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trial court for resentencing under Penal Code2 section 1172.6,3 and the trial court denied the petition because, in part, defendant did not qualify for resentencing as a matter of law. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2008, a jury found defendant guilty of one count of first degree murder and three counts of attempted murder. The jury also found defendant committed the crimes for the benefit of a criminal street gang and that a principal was either armed with or discharged a firearm during the commission of the offenses. Defendant’s jury was instructed on aiding and abetting generally, as follows: “A person may be guilty of a crime in two ways. One, he or she may have directly committed the crime. I will call that person the perpetrator. Two, he or she may have aided and abetted a perpetrator, who directly committed the crime. A person is equally guilty of the crime whether he or she committed it personally or aided and abetted the perpetrator who committed it. [¶] Under some specific circumstances, if the evidence establishes aiding and abetting of one crime, a person may also be found guilty of other crimes that occurred during the commission of the first crime.” The jury was then instructed on aiding and abetting of intended crimes, in relevant part, as follows: “To prove that the defendant is guilty of a crime based on aiding and abetting that crime, the [prosecution] must prove that: [¶] 1. The perpetrator committed the crime; [¶] 2. The defendant knew that the perpetrator intended to commit the crime; [¶] 3. Before or during the commission of the crime, the defendant intended to aid and