People v. Smith CA2/6

Filed 2/18/26 P. v. Smith CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B335380 (Super. Ct. No. NA074807) Plaintiff and Respondent, (Los Angeles County)

v.

VINCENT SMITH, et al.,

Defendants and Appellants.

In 2011, Vincent Smith and Derrick Taylor were convicted by separate juries of first degree murder and burglary. The juries also found true the special circumstance that the murder was committed during a burglary, as well as related gang and firearm enhancements. Appellants are serving life sentences without the possibility of parole. In an all-too-familiar scenario, each claims the other was the shooter. In 2019 and 2020, Smith and Taylor respectively filed petitions for resentencing pursuant to Penal Code section

1172.6,1 which the trial court denied. We reversed and remanded with directions for the trial court to conduct evidentiary hearings.2 Following the evidentiary hearings, the trial court again denied appellants’ petitions, finding each was a major participant who acted with reckless indifference to human life. Appellants contend insufficient evidence supports the trial court’s “reckless indifference” findings. Taylor also contends his defense counsel rendered ineffective assistance of counsel. We affirm. Facts and Procedural Background3 In October 2006, appellants and another companion, all members of the “Santana Blocc Crips” criminal street gang, hatched a scheme to commit a burglary. John Ibrahim, a marijuana seller, was known to keep large quantities of “high grade” marijuana and cash at his condominium. Either Smith or Taylor took a loaded firearm to Ibrahim’s condominium. Ibrahim resisted and a gun battle ensued. Ibrahim suffered several bullet wounds before succumbing. Smith was apparently the actual shooter. The trial court so found at the evidentiary hearing we ordered. Smith was wounded in the gun battle. We need not go into detail as to the facts. The trial court did so, and the parties have filed briefs that recite their “version”