People v. Guerrero

Filed 8/29/25 P. v. Guerrero Opinion following transfer from Supreme Court NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B321032

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA126680-02) v.

DAVID PAUL GUERRERO,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Eleanor J. Hunter, Judge. Affirmed.

James Koester, 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, Assistant Attorney General, Idan Ivri and David A. Wildman, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

As directed by the California Supreme Court, we vacate our prior opinion filed July 28, 2023 and reconsider the cause in light of People v. Lopez (2025) 17 Cal.5th 388 (Lopez). (Cal. Rules of Court, rule 8.528(d).) In 2017, defendant and appellant David Paul Guerrero was convicted of two counts of murder. The jury found true witness- murder, gang-murder, and multiple-murder special circumstance allegations as well as firearm and gang enhancement allegations. (Pen. Code, §§ 190.2, subd. (a)(2), (3), (10), & (22); 12022.53, subds. (d), (e)(1); 186.22, subd. (b)(1)(C).) Guerrero was sentenced to two terms of life without the possibility of parole, plus consecutive terms of 25 years to life as to each murder count pursuant to Penal Code section 12022.53, subdivisions (d) and (e)(1). Sentences as to the gang enhancements were stayed. While Guerrero’s direct appeal was pending, Senate Bill No. 620 (2017–2018 Reg. Sess.) (Senate Bill 620) went into effect, amending Penal Code section 12022.53 to grant discretion to trial courts to strike or dismiss firearm enhancements in the interests of justice. (Stats. 2017, ch. 682, § 2.) In 2019, we affirmed Guerrero’s conviction. (People v. Guerrero (July 23, 2019, B284001) [nonpub. opn.].) Because of the passage of Senate Bill 620, we granted a limited remand to give the trial court the opportunity to exercise its newly granted discretion to strike or dismiss the firearm use enhancements. At a hearing on April 22, 2022, the trial court elected not to strike or dismiss the firearm use allegations and did not resentence Guerrero. The trial court did not consider whether recently enacted Assembly Bill No. 333 (2021–2022 Reg. Sess.) (Assembly Bill 333) applied to Guerrero’s conviction and sentence.