People v. Rocha CA2/8

Filed 9/20/24 P. v. Rocha CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B327631

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA056510) v.

MELINDA ROSE ROCHA,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Mike Camacho, Judge. Affirmed.

Jared G. Coleman, 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, Assistant Attorney General, Nicholas Webster and Amanda V. Lopez, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Melinda Rose Rocha appeals from the denial of her petition for resentencing pursuant to Penal Code section 1172.6 (former § 1170.95). We affirm. FACTUAL AND PROCEDURAL SUMMARY In March 2002, defendant drove a known gang member (Jorge Rivera), who was the brother of her roommate and a member of the same gang as her boyfriend (The Townsmen), to a residential neighborhood in rival gang territory. She slowed down in front of a home where several rival gang members were standing, and Rivera fired multiple shots, one of which struck a four-year-old child playing outside with his younger brother. Defendant then sped off and dropped Rivera back at a house controlled by The Townsmen gang. Defendant, who was on probation at the time for drug offenses, had her car painted a different color after the shooting. Defendant was charged with four counts of premeditated attempted murder (Pen. Code, §§ 187, subd. (a), 664; counts 1-4), shooting at an inhabited dwelling (§ 246; count 5) and shooting at an unoccupied vehicle (§ 247, subd. (b); count 6). Principal firearm use allegations were alleged as to counts 1 through 4 (§ 12022.53) and a gang allegation was alleged as to all counts (§ 186.22). The jury found defendant guilty of first degree premeditated attempted murder (count 3), attempted murder (count 1) and shooting at an inhabited dwelling (count 5). The allegations that a principal used and discharged a firearm in the commission of the offenses were found true as to counts 1 and 3. In addition, the allegation that a principal used a firearm causing great bodily injury was found true as to count 1 (the four-year-old victim). The gang allegation was found true as to all three counts. The jury acquitted defendant on counts 4 and 6. Count 2 was dismissed by the court before the start of the jury’s deliberations.