People v. Gomez CA2/5

Filed 10/10/25 P. v. Gomez CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B340268

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA021985) v.

PEDRO GOMEZ,

Defendant and Appellant.

Pedro Gomez (defendant) appeals from the order of the trial court denying his petition for resentencing under Penal Code1 section 1172.6 (formerly section 1170.95).2 Defendant’s attorney

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Effective June 30, 2022, section 1170.95 was renumbered section 1172.6, with no change in text (Stats. 2022, ch. 58, § 10). For the sake of simplicity, we will refer to the section by its new numbering only.

filed a brief raising no issues and asked this court to independently review the record. Defendant submitted a supplemental brief on his own behalf. Under the standard articulated in People v. Delgadillo (2022) 14 Cal.5th 216, we decline counsel’s invitation to undertake an independent review of the record. Instead, we evaluate the arguments defendant raises in his letter brief. (Id. at pp. 231-232.) Finding none of his arguments meritorious, we affirm. FACTUAL AND PROCEDURAL BACKGROUND I. Facts3 A. The underlying crime In August 1995, defendant and approximately seven other members of the 18th Street gang encountered five rival Clanton gang members at a carnival in North Hollywood. A fight ensued as each group attempted to claim the territory as their own. Defendant knelt down, pulled a gun from his shoe, and fired a single shot at the rival group. The shot struck David Morrison in the chest, fatally wounding him. B. Conviction and appeal The People charged defendant with murder (§ 187), and further alleged that he personally used a firearm (§ 12022.5, subd. (a)) and that the murder was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)). As relevant here, defendant’s jury was instructed on murder (CALJIC No. 8.10), second degree murder (CALJIC Nos.