People v. Moreno CA2/2

Filed 4/17/25 P. v. Moreno CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B338007

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. NA102184)

EDGARDO ANDRE MORENO et al.,

Defendants and Appellants.

THE COURT:

The trial court resentenced appellants Alfredo Landeros and Edgardo Moreno in accordance with this court’s directions in People v. Shinn et al. (Apr. 27, 2023, B316256, mod. May 17, 2023) [nonpub. opn.]. Before the hearing, appellants requested a new trial, citing the Racial Justice Act (RJA). (Pen. Code,

§ 745.)1 The court found that appellants did not show a prima facie case of discrimination under the RJA and denied their request for a new trial. The facts are described in People v. Shinn, supra, B316256. Appellants are members of the West Side Longos, a street gang overseen by the Mexican Mafia. Their codefendant, Edward Alcaraz Shinn, has elevated status in the Mexican Mafia.2 In 2008, Shinn assaulted his mistress, Shanta Lucero, who had to be hospitalized. Lucero told police that Shinn inflicted her injuries and testified against him at a preliminary hearing, despite Shinn’s warning that he would have her killed. Appellants were enlisted to kill Lucero, who was shot execution style. At trial, Moreno testified that he killed Lucero. (Ibid.) In 2021, a jury convicted appellants of first degree murder, conspiracy to commit murder, and criminal street gang conspiracy. (§§ 187, subd. (a), 182, subd. (a)(1), 182.5.) Jurors found special circumstances: (1) the victim was killed because she was a witness and (2) appellants committed the killing while active participants in a street gang. (§§ 190.2, subd. (a)(10) & (22).) The jury found firearm allegations true (§ 12022.53, subd. (d)), and that all three crimes were committed for the benefit of, at the direction of, or in association with a criminal street gang. (§ 186.22, subd. (b)(1)(C).) Moreno was sentenced to life without the possibility of parole (LWOP), which the court doubled due to Moreno’s prior strike, plus 25 years to life for the firearm enhancement, plus five years for a prior serious felony conviction. Landeros was