People v. Tamayo CA2/2

Filed 6/17/25 P. v. Tamayo CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B334461

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA432304) v.

JONATHAN TAMAYO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, H. Clay Jacke II, Judge. Affirmed. Danalynn Pritz, 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, Wyatt E. Bloomfield and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent. ____________________

Jonathan Tamayo pleaded guilty to second degree murder in 2017. In 2019, appellant petitioned for resentencing under Penal Code1 section 1172.6. The trial court held an evidentiary hearing, after which it found beyond a reasonable doubt that appellant was guilty of murder as a direct aider and abettor. Appellant raises evidentiary and sufficiency-of-evidence challenges on appeal. There was no error, so we affirm. FACTS AND PROCEDURAL BACKGROUND 1. The killing On November 5, 2012, appellant, Alejandro Rodriguez, “J- Bug,” and Arturo Dircio—all members of the Rockwood gang— planned a “mission” to enter rival gang territory and shoot any members of the 18th Street gang they found. Dircio stayed behind to serve as the “lookout” for the mission. The others ventured across enemy lines and found two 18th Street gang members, Luisa Navarro and Luis Gonzalez, sitting on steps of an apartment. While the others stood nearby, Rodriguez approached Gonzalez and asked, “Where are you from?” Rodriguez then reached for his gun, Gonzalez tried to grab it, and a struggle ensued. Rodriguez got ahold of the gun and shot Gonzalez several times, causing his death. Rodriguez and his onlooking associates then ran off in different directions. An officer who happened to be “directly south” of the shooting heard the gunshots, and seconds later intercepted appellant who was running down the street, “breathing heavily, . . . sweating profusely, [and] excited.”