People v. Gomez CA2/8

Filed 2/28/25 P. v. Gomez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B329629

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA057522) v.

URSULA GOMEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Chestopher L. Taylor, Judge. Reversed and remanded with directions. Jonathan E. Demson, 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, Wyatt E. Bloomfield and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Ursula Gomez appeals from the denial of her petition for resentencing pursuant to Penal Code section 1172.6 (former § 1170.95). We conclude the trial court erred in finding at the prima facie stage that defendant was ineligible for sentencing relief as a matter of law. We therefore reverse and remand for further proceedings pursuant to section 1172.6. FACTUAL AND PROCEDURAL SUMMARY Our brief recitation of the facts from this court’s prior opinion is provided for context only. We do not rely on these facts in determining whether defendant has made a prima facie showing of eligibility for relief. (People v. Lewis (2021) 11 Cal.5th 952, 971.) In the early morning hours of June 22, 2003, defendant, her boyfriend Gary Rodela, and Christian Morones went to the trailer of Albert Bachelier to steal guns for the benefit of Rodela and Morones’ gang, the West Side Wilmas. (People v. Gomez (Oct. 30, 2006, B180504) [nonpub. opn.].) Rodela and Morones were armed with guns. Defendant had a pocketknife. (Ibid.) After entering the trailer, defendant, Rodela and Morones threatened, searched and robbed Bachelier and his two female friends. (Ibid.) During the robbery, a physical altercation between Rodela, Morones and Bachelier escalated; at Rodela’s direction, Morones kicked Bachelier in the head and pointed a shotgun at him. In response, Bachelier fatally shot Rodela and wounded Morones. (Ibid.) Defendant was uninjured and fled. (Ibid.) During the 2005 jury trial, the prosecutor relied on the provocative act murder theory in arguing defendant and Morones’s guilt for the death of Rodela. Defendant and Morones were found guilty by jury of first degree murder (Pen. Code,