People v. Candler CA1/1

Filed 3/3/26 P. v. Candler CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A171363 v. MARK ANTHONY CANDLER, (Alameda County Super. Ct. No. 159964A) Defendant and Appellant.

A jury convicted Mark Anthony Candler and his co-defendant of attempted murder and other crimes. Later, Candler petitioned for resentencing as to his attempted murder conviction under Penal Code section 1172.6.1 The trial court denied his petition, finding him ineligible for relief as a matter of law, and Candler appealed. We shall affirm. I. BACKGROUND2 A. Candler Is Convicted of Attempted Murder An associate of Candler’s who belonged to a gang had a confrontation with a member of a rival gang. Later that day, Candler and his co-defendant

1 Undesignated statutory references are to the Penal Code. 2 Our recitation of the underlying facts is based on our prior opinion

affirming Candler’s and his co-defendant’s convictions. (People v. Thomas (May 22, 2012, A130350, A130494) [nonpub. opn.]). However, in resolving this appeal, we rely on our independent review of the record of conviction, not

went to the rival’s location in two separate vehicles, each with a firearm. Many shots were fired, and the rival gang member was injured by the gunfire. Shell casings from two different weapons littered the scene and local homes were “pock-marked,” but no witnesses would speak to the police at the time. Two years later, witnesses including the victim identified Candler and his co-defendant as the shooters. Candler and his co-defendant were charged with attempted murder (§§ 187, subd. (a), 664) and other crimes. The attempted murder charges were accompanied by allegations that each defendant acted in association with a gang (§ 186.22, subd. (b)(1)) and personally discharged a firearm causing great bodily injury (§§ 12022.7, subd. (a), 12022.53, subds. (b), (c), & (d), 12022.5, subd. (a)). After a joint trial, the jury found each defendant guilty and found the enhancement allegations true. Candler was sentenced to 44 years to life in prison for attempted murder, plus concurrent and consecutive terms for other crimes. B. Petition for Resentencing Candler filed a petition for resentencing under section 1172.6 and the trial court appointed counsel to represent him. The parties submitted briefing and, after a hearing, the court found Candler failed to make a prima facie showing and denied his petition. The court reasoned that section 1172.6 only applied to attempted murder convictions “under the natural and probable consequences doctrine,” which the jury had not considered in Candler’s case.