People v. Mency CA2/4

Filed 7/21/25 P. v. Mency CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B340627

Plaintiff and Respondent, (Los Angeles County Super. Ct. Nos. v. GA030918-01, GA032946-01) JASON MENCY,

Defendant and Appellant.

APPEAL from order of the Superior Court of Los Angeles County, Dorothy L. Shubin, Judge. Affirmed. Allen G. Weinberg, under appointment by the Court of Appeal, for Defendant and Appellant Jason Mency. No appearance for Plaintiff and Respondent.

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In 1999, a jury convicted Jason Mency of first degree murder, among other offenses. The judgment of conviction was

affirmed on appeal. (People v. Mency (Nov. 14, 2002, B135267) [nonpub. opn.] (Mency I).) In 2019, Mency filed a petition for resentencing of his conviction pursuant to Penal Code, section 1170.95 (now section 1172.6).1 The resentencing court summarily denied the petition, and on appeal, we reversed and remanded. (People v. Mency (Sept. 16, 2021, B301966) [nonpub. opn.] (Mency II).) On remand, the resentencing court issued an order to show cause, conducted an evidentiary hearing, found that Mency was ineligible for relief, and denied his petition. Mency appealed. His appellate counsel filed a brief pursuant to People v. Delgadillo (2022) 14 Cal.5th 216 (Delgadillo) raising no issues, and Mency filed a supplemental brief. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND A. Trial, Sentencing, and Direct Appeal “From 1995 to 1997, defendant Jason Mency and codefendant La Min Johnson engaged in a crime spree in the Pasadena area. The crimes ranged in seriousness from vehicle burglary and joyriding to first degree murder.” (Mency I, at p. 2.) The two “were arrested on January 3, 1997, and charged with these crimes in an 88-count information with numerous special allegations.” (Ibid.) “[Mency] gave the police a lengthy statement in which he admitted involvement in several crimes, including the murder of [Marsha Lee] Birch.” (Mency II, at p. 5.) The murder charge was prosecuted under a felony murder theory predicated on Mency’s involvement in the robbery of Birch