People v. Gomez CA2/4

California Court of Appeal Jul 22, 2024 No. B325002MUnpublished

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Holding. The court held that although the trial court erred by failing to appoint counsel and allow briefing on a Penal Code section 1172.6 petition, the error was harmless because the record conclusively established the defendant's ineligibility for relief as a matter of law.

Issues

Whether the trial court committed prejudicial error by summarily denying a section 1172.6 petition without appointing counsel or allowing briefing.
Whether the defendant is ineligible for section 1172.6 relief as a matter of law based on the jury's findings of express malice and premeditation.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Because Gomez is ineligible for relief as a matter of law, it is not reasonably probable he would receive a more favorable result on remand.”

“Regardless of who the trial judge was, the record conclusively demonstrates Gomez is ineligible for relief as a matter of law.”

Filed 7/22/24 P. v. Gomez CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a). IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B325002 Los Angeles County Plaintiff and Respondent, Super. Ct. No. BA279286

v. ORDER MODIFYING OPINION AND DENYING ANGEL GOMEZ, PETITION FOR REHEARING Defendant and Appellant. NO CHANGE IN JUDGMENT

THE COURT*: This court has received the petition for rehearing filed by appellant on July 10, 2024. This court’s opinion, filed June 25, 2024, is modified as follows: All references to Penal Code section 12022.52 on page 2 of the opinion are modified to instead refer to Penal Code section 12022.53. This modification does not change the judgment. The petition for rehearing is DENIED.

____________________________________________________________ CURREY, P.J. COLLINS, J. ZUKIN, J.

Filed 6/25/24 P. v. Gomez CA2/4 (unmodified opinion) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

THE PEOPLE, B325002

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA279286 v.

ANGEL GOMEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Shelly Torrealba, Judge. Affirmed. William L. Heyman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Michael C. Keller and Scott A. Taryle, Deputy Attorneys General, for Plaintiff and Respondent.

People v. Gomez CA2/4

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THE PEOPLE, B325002

ANGEL GOMEZ,

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INTRODUCTION

PROCEDURAL BACKGROUND

DISCUSSION

I. Governing Law

DISPOSITION

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

COLLINS, J.

ZUKIN, J.

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