People v. Mejia-Carrillo CA1/2

Filed 6/24/25 P. v. Mejia-Carrillo CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A171111 v. JOSE MEJIA-CARRILLO, (San Francisco County Super. Ct. Nos. CRI17004252 Defendant and Appellant. & SCN231614-01)

In a prior appeal, we affirmed Jose Mejia-Carrillo’s murder conviction but remanded for resentencing on the gang enhancement. (People v. Cruz- Zepeda and Mejia-Carrillo (Dec. 16, 2022, A161927 & A162077) [nonpub. opn.], review den. Feb. 22, 2023 (S278084) (Mejia-Carrillo).) Mejia-Carrillo now appeals after resentencing. His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), that raises no issues and informed Mejia-Carrillo of his right to file a supplemental brief; we have not received one. After reviewing the record, we conclude there are no arguable issues and therefore affirm.

1

BACKGROUND Shortly after midnight on March 17, 2017, George Martinez left a bar in the Mission District of San Francisco.1 Mejia-Carrillo and Alexis Cruz- Zepeda followed Martinez to his car, where Mejia-Carrillo accused Martinez of being a member of a rival gang and then shot him; Martinez died later that day at San Francisco General Hospital. Mejia-Carrillo and Cruz-Zepeda were arrested on March 21, 2017. In 2019, a jury convicted Mejia-Carrillo of murder (Pen. Code,2 § 187, subd. (a); count 1), finding true special allegations that Mejia-Carrillo intentionally discharged a firearm causing death (§ 12022.53, subd. (d)) and acted for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)), as well as possession of a firearm by a felon (§ 29800, subd. (a)(1); count 2). The jury also convicted Cruz-Zepeda, Mejia-Carrillo’s codefendant, of gang conspiracy (§ 182.5) for acting as a lookout during the murder. On May 13, 2021, Mejia- Carrillo was sentenced to an aggregate term of 60 years to life.3 Mejia-Carrillo and Cruz-Zepeda appealed, and their appeals were consolidated. “While the appeals were pending, the Legislature enacted Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Stats. 2021, ch. 699, §§ 1–5) (Assembly Bill 333), which, effective January 1, 2022, significantly altered