People v. Saldana CA2/5

Filed 12/1/25 P. v. Saldana CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B336034

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. MA037732)

EDGAR SALDANA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daviann Mitchell, Judge. Affirmed. Eric R. Larson, 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, Senior Assistant Attorney General, Wyatt E. Bloomfield, Supervising Deputy Attorney General, and Michael C. Keller, Deputy Attorney General, for Plaintiff and Respondent.

Years ago, defendant and appellant Edgar Saldana (defendant) was sentenced to 40 years to life in prison: 15 years to life for second degree murder and 25 years to life for a firearm enhancement imposed pursuant to Penal Code section 12022.53.1 More recently, defendant petitioned for resentencing pursuant to section 1172.6 (former section 1170.95). At an evidentiary hearing on the petition, the parties stipulated defendant’s murder conviction should be vacated and he should be resentenced as having sustained a conviction for voluntary manslaughter with a personal use of a firearm enhancement (§ 12022.5, subd. (a)) and a gang enhancement (§ 186.22, subd. (b)(1)(C)). In this appeal from the judgment imposed pursuant to that stipulation, defendant asks us to decide whether the gang enhancement should be stricken because our Supreme Court subsequently issued an opinion in People v. Clark (2024) 15 Cal.5th 743 concerning the meaning of a legislative amendment to the gang enhancement statute effective years before the evidentiary hearing.