People v. Gonzalez CA2/5

Filed 4/16/25 P. v. Gonzalez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B330962

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. KA069429)

ERIC GONZALEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Jacqueline H. Lewis, Judge. Affirmed.

Jennifer A. Gambale, 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, Idan Ivri, Supervising Deputy Attorney General, and Roberta L. Davis, Deputy Attorney General, for Plaintiff and Respondent.

****** Eric Gonzalez (defendant) appeals the trial court’s summary denial of his petition for resentencing under Penal Code section 1172.6.1 Because defendant is not eligible for relief as a matter of law, any procedural error is harmless; we accordingly affirm. FACTS AND PROCEDURAL BACKGROUND I. Facts2 A. The underlying crime Defendant and Hugo Hernandez (Hernandez) were members of Townsmen, a criminal street gang. On a Friday night in January 2005, defendant, Hernandez, and a third Townsman went to a party hosted by Liliana Mendez (Mendez) at Mendez’s residence, which was located in an area claimed by Townsmen and a rival gang called Little Hill. When defendant, Hernandez, and the third Townsman arrived, they “hit up” other partygoers, asking them for their gang affiliation. After one partygoer replied that he “didn’t