People v. Trotter CA2/7

Filed 1/8/24 P. v. Trotter CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B329822

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA058971-02) v.

RAMON TROTTER,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Tomson T. Ong, Judge. Reversed with directions. Lauren Noriega for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Noah P. Hill, Supervising Deputy Attorney General, and Steven E. Mercer, Deputy Attorney General, for Plaintiff and Respondent.

In 2005 a jury convicted Ramon Trotter of first degree murder, three attempted murders, and related crimes in connection with a shooting spree on the freeway. The jury also found true the special circumstance allegation the murder was committed “by means of discharging a firearm from a motor vehicle, intentionally at another person or persons outside the vehicle with the intent to inflict death.” (Pen. Code, § 190.2, subd. (a)(21).)1 The trial court sentenced Trotter on the murder conviction to a prison term of life without the possibility of parole, and on each of the three attempted murder convictions to life in prison with a minimum parole eligibility of seven years. The court also imposed additional terms for various firearm enhancements. We affirmed Trotter’s convictions on direct appeal. (People v. Trotter (July 25, 2007, B187097) [nonpub. opn.] (Trotter I).) In 2021 Trotter filed a petition under section 1172.6 (former section 1170.95), which, as amended effective January 1, 2022, authorized certain individuals convicted of murder under the felony-murder rule or murder, attempted murder, or voluntary manslaughter under the natural and probable consequences doctrine, to petition for resentencing. After finding Trotter had made a prima facie showing he was eligible for relief, the superior court issued an order to show cause, held an evidentiary hearing, and denied the petition. Trotter appealed from the order denying his petition, arguing the prosecution failed to prove beyond a reasonable doubt he was ineligible for relief under section 1172.6. We